Writ Petition No. 29525 of 2019 · The High Court
Case Details
- 1 - NC: 2025:KHC:13534 WP No. 29525 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 29525 OF 2019 (GM-CPC) BETWEEN: 1. SMT. HANUMAKKA D/O ANJINAPPA, W/O NARASAIAH, AGED ABOUT 38 YEARS, R/AT HAREYURU AT POST, HEBBURU HOBLI, TUMKUR TALUK AND DISTRICT-572 118. 2. SMT. YAMUNA D/O ANJINAPPA, W/O NAGARAJU, AGED ABOUT 32 YEARS, R/AT HAREYURU AT POST, HEBBURU HOBLI, TUMKUR TALUK AND DISTRICT-572 118. 3. SMT. SHASHIKALA A. D/O ANJINAPPA, W/O A.C. SHIVALINGAIAH, AGED ABOUT 27 YEARS, R/AT KARADAGERE KAVAL, MAKANAHALLI POST, HEDBBURU HOBLI, TUMKUR TALUK AND DISTRICT-572 118. 4. MANJUNATHA A. S/O ANJINAPPA, Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13534 WP No. 29525 of 2019 AGED ABOUT 25 YEARS, R/AT KARADAGERE KAVAL, MAKANAHALLY POST, HEBBURU HOBLI, TUMKUR TALUK AND DISTRICT-572 118. 5. ANJINAMMA D/O HANUMANTHARAYAPPA, AGED ABOUT 44 YEARS, R/AT HOLAKALLU, NARUGANAHALLI POST, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 122. 6. HANUMAKKA W/O CHIKKANNA, D/O HANUMANTHARAYAPPA, AGED ABOUT 35 YEARS, R/AT HOLAKALLU, NARUGANAHALLI POST, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 122. 7. KAMALAMMA W/O KUMARA, D/O HANUMANTHARAYAPPA, AGED ABOUT 33 YEARS, R/AT SASALU, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 8. KANTHARAJU S/O HANUMANTHARAYAPPA, AGED ABOUT 30 YEARS, R/AT HOLAKALLU, NARUGANAHALLI POST, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 122. 9. RAJANNA - 3 - NC: 2025:KHC:13534 WP No. 29525 of 2019 S/O SHETTALLAIAH, AGED ABOUT 47 YEARS, R/AT HOLAKALLU, NARUGANAHALLI POST, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 122. 10. DIVYA H B D/O LATE BHEEMAIAH, AGED ABOUT 20 YEARS, R/AT HOLAKALLU, NARUGANAHALLI POST, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 122. 11. SANTHOSH KUMAR S/O LATE BHEEMAIAH, AGED ABOUT 17 YEARS, REPRESENTED BY ITS NATURAL GUARDIAN SISTER DIVYA H.B. R/AT HOLAKALLU, NARUGANAHALLI POST, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 122.
Legal Reasoning
12. SMT. H.S. JAYALAKSHMAMMA D/O SHETTALLAIAH, W/O N. SATHYAPRAKASH, AGED ABOUT 40 YEARS, R/AT OBALAPURA, KORA HOBLI, GULUR HOBLI, TUMSKURU TALUK AND DISTRICT-572 122. (BY SRI PRANEETH G.N., ADVOCATE) …PETITIONERS - 4 - NC: 2025:KHC:13534 WP No. 29525 of 2019 AND: 1. N. SATHYA PRAKASH AGED ABOUT 50 YEARS, S/O LATE D NARAYANAPPA, R/AT OBALAPURA, KORA HOBLI, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 2. N NARASIMHASWAMY AGED ABOUT 45 YEARS, S/O LATE D NARAYANAPPA R/AT OBALAPURA, KORA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 3. NARASIMHAMURTHY AGED ABOUT 40 YEARS, S/O LATE D NARAYANAPPA R/AT OBALAPURA, KORA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. HANUMAIAH S/O DODDANARASAIAH, DEAD BY LRS. 4. SMT. THIMMAKKA, W/O LATE HANUMAIAH, AGED ABOUT 62 YEARS, R/AT OBALAPURA, KORA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 5. ANJINAMURTHY S/O LATE HANUMAIAH, AGED ABOUT 36 YEARS, R/AT OBALAPURA, KORA HOBLI, - 5 - NC: 2025:KHC:13534 WP No. 29525 of 2019 TUMKUR TALUK AND DISTRICT-572 101. 6. BASAVARAJU S/O LATE HANUMAIAH, AGED ABOUT 30 YEARS, R/AT OBALAPURA, KORA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 7. ANJINAPPA AGED ABOUT 75 YEARS, S/O GUNDAIAH @ HANUMAIAH, R/AT HOLAKALLU, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 8. HANUMANTHARAYA AGED ABOUT 70 YEARS, S/O GUNDAIAH @ HANUMAIAH, R/AT HOLAKALLU, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 9. SHETTALLAPPA AGED ABOUT 65 YEARS, S/O GUNDAIAH @ HANUMAIAH, R/AT HOLAKALLU, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 10. SOWMYA AGED ABOUT 17 YEARS, S/O LATE RAMAIAH, R/AT HOLAKALLU, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 11. HARISH AGED ABOUT 17 YEARS, S/O LATE RAMAIAH, R/AT HOLAKALLU, GULUR HOBLI, - 6 - NC: 2025:KHC:13534 WP No. 29525 of 2019 TUMKUR TALUK AND DISTRICT-572 101. 12. RAVI AGED ABOUT 15 YEARS, S/O LATE RAMAIAH, R/AT HOLAKALLU, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 101. RESPONDENT NOS.10 TO 12 ARE MINOR BY NATURAL GUARDIAN MOTHER KEMPAKKA, W/O LATE RAMAIAH AGED ABOUT 40 YEARS. 13. RAMAKRISHNAIAH AGED ABOUT 50 YEARS, S/O HANUMANTHAIAH, R/AT VADDARAHALLI, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 14. KEMPARAJU AGED ABOUT 45 YEARS, S/O HANUMANTHAIAH, R/AT VADDARAHALLI, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 15. JANARDHAN AGED ABOUT 40 YEARS, S/O HANUMANTHAIAH, R/AT VADDARAHALLI, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 16. MARUTHI AGED ABOUT 35 YEARS, S/O LATE RAMAIAH, R/AT VADDARAHALLI, GULUR HOBLI, - 7 - NC: 2025:KHC:13534 WP No. 29525 of 2019 TUMKUR TALUK AND DISTRICT-572 101. 17. ANJINAMURTHY AGED ABOUT 30 YEARS, S/O LATE RAMAIAH, R/AT VADDARAHALLI, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 18. BASAVARAJU S/O SIDDAIAH, AGED ABOUT 65 YEARS, R/AT MUDIGERE VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572 101. 19. SMT. HANUMAKKA AGED ABOUT 80 YEARS, W/O D NARAYANAPPA, R/AT OBALAPURA, KORA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 20. SMT. KADARAMMA AGED ABOUT 60 YEARS, W/O BHEEMAIAH, R/AT SHETTIHALLI VILLAGE, KASABA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 21. SMT. NAGARATHNAMMA AGED ABOUT 40 YEARS, W/O HANUMANARASAIAH, R/AT SHETTIHALLI VILLAGE, KASABA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 22. HANUMANTHARAJU - 8 - NC: 2025:KHC:13534 WP No. 29525 of 2019 AGED ABOUT 35 YEARS, S/O KAREHANUMAIAH, R/AT SHETTIHALLI VILLAGE, KASABA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 23. KUMARA AGED ABOUT 43 YEARS, S/O KAREHANUMAIAH, R/AT SHETTIHALLI VILLAGE, KASABA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 24. MALLESH AGED ABOUT 30 YEARS, S/O KAREHANUMAIAH, R/AT SHETTIHALLI VILLAGE, KASABA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 25. KEMPAHANUMAIAH AGED ABOUT 65 YEARS, S/O HANUMANTHAIAH, R/AT DASAMUDDIANAPALYA, KASABA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 26. SIDDIAH AGED ABOUT 60 YEARS, S/O KEMPAHANUMAIAH, R/AT SHETTIHALLI VILLAGE, KASABA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. 27. S PUTTEERAPPA - 9 - NC: 2025:KHC:13534 WP No. 29525 of 2019 AGED ABOUT 60 YEARS, S/O SANNAMUDDEGOWDA, R/AT NEAR RING ROAD, SHETTIHALLI, TUMKUR TOWN, TUMKUR-572 101. 28. SMT. LAKSHMAMMA @ PUTTALAKSHMAMMA AGED ABOUT 71 YEARS, W/O LATE KARIHONNAIAH, R/AT SHETTIHALLI, TUMKUR TALUK AND DISTRICT-572 101. 29. RAMAJINA MURTHY AGED ABOUT 55 YEARS, S/O LATE D NARAYANAPPA, R/AT OBALAPURA, KORA HOBLI, TUMKUR TALUK AND DISTRICT-572 101. …RESPONDENTS (BY SRI S.V. PRAKASH, ADVOCATE FOR R.29; SRI H.C. SHIVARAMU, ADVOCATE FOR R.27; R.1 TO R.17, 19 AND 20, R.22, R.24 SERVED; R21, R23, R25, R26, R18 ARE DISPENSED WITH VIDE COURT ORDER DATED 09.12.2024 APPLICATION TO BRING LRs OF DECEASED R28 IS DISPENSED WITH VIDE ORDER DATED 09.12.2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 24.06.2019 PASSED ON I.A. FILED UNDER ORDER 1 RULE 10[2] OF CPC IN O.S.NO.58/2013 ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC., TUMKUR AS PER ANNEXURE-F., ETC. THIS PETITION, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 10 - NC: 2025:KHC:13534 WP No. 29525 of 2019 CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER Aggrieved by the order dated 24.06.2019 passed on the interlocutory application filed under Order 1 Rule 10(2) of CPC, in O.S.No.58/2013 wherein the petitioners herein sought to be impleaded as defendant Nos.11 to 23 which has been dismissed, the present writ petition has been filed. 2. Though all the parties have been served, only respondent Nos.27 and 29 are represented by their counsel. 3. O.S.No.58/2013 is a suit for partition and one of the propositors is said to be Kempahanumaiah. The petitioners herein claim to be grand-children of the said Kempahanumaiah and they made an application under Order 1 Rule 10 to have themselves impleaded. The trial Court has dismissed the same on the ground that they have not produced sufficient material to show that they - 11 - NC: 2025:KHC:13534 WP No. 29525 of 2019 are just and necessary parties to the proceedings. Aggrieved by the same, the present writ petition is filed. 4. The petitioners submit that though they have not produced any material, they are indeed grand-children of the propositor Kempahanumaiah, whose property has been sought to be partitioned in the original suit. Respondent Nos.27 and 29, who are two of the plaintiffs in the original suit admit that the petitioners herein are also family members. However, they dispute about their right to claim a share in the property concerned. 5. The aforementioned submission shows that all the persons concerned belong to one family and there is no harm in hearing all of them before determining their respective rights regarding the suit schedule property, if they have any. 6. Respondent Nos.27 and 29 fairly submit that petitioners may be impleaded in the original suit. - 12 - NC: 2025:KHC:13534 WP No. 29525 of 2019 7. For the aforementioned reasons, the following:
Decision
ORDER i. The writ petition is hereby allowed; ii. The impugned order dated 24.06.2019 passed by II Addl. Senior Civil Judge & JMFC, Tumakuru on I.A. filed under Order 1 Rule 10(2) of CPC in O.S.No.58/2013 is hereby set aside. iii. Interlocutory application filed under Order 1 Rule 10(2) of CPC by petitioners herein in O.S.No.58/2013 is hereby allowed; iv. The trial Court is directed to implead the petitioners herein as defendants in O.S.No.58/2013 and proceed. In view of disposal of the main petition, pending interlocutory applications, if any, stand disposed of. PGG Sd/- (M.I.ARUN) JUDGE