C. RAMAKRISHNAIAH v. POOJARI GOWDA

(BY SRI SANDEEP KATTI, ADV., FOR SRI YOGANANDA S, ADV.) AND:

POOJARI GOWDA S/O PATEL LAKSHMINARAYAN GOWDA AGED ABOUT 70 YEARS RA/T I D HALLI VILLAGE I DHALLI HOBLI MADHUGIRI TALUK TUMAKURU DISTRICT - 572 124.

SIDDAGANGAMMA W/O K VENAKTASWAMY GEDA BOUT 43 YEARS R/AT NO.3/3, KORAMANGALA ROAD, AUDUGODI OPP KEMEPGOWDA COMMNITYHALL BANGALORE - 560 030. (BY SRI SHEKARAPPA, ADV., FOR R-1; R-2 SERVED) …PETITIONER …RESPONDENTS S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:48843 WP No. 557 of 2024 HC-KAR THIS WP IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 07/09/2023, PASSED BY THE LEARNED IV ADDL. CITY CIVIL AND SESSION JUDGE, TUMAKURU, SITTING IN MADHUGIRI, IN OS NO. 5003/2022, PRODUCED AT ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER

1. This writ petition under Article 227 of the Constitution of India, is filed with a prayer to set aside the order dated

07.09.2023 passed on IA-1 filed in O.S.No.5003/2020 by the Court of IV Addl. City Civil & Sessions Judge, Tumakuru, sitting at Madhugiri.

2. Heard the learned Counsel for the parties.

Respondent no.1 herein had filed P & SC.No.5003/2022 before the jurisdictional Court at Madhugiri, and respondent no.2 herein had filed objections in the said proceedings, and therefore, the P & SC proceedings was converted into a suit and re-numbered as O.S.No.5003/2022. In the said suit, petitioner herein had filed IA-1 under I Rule 10(2) CPC with a prayer to implead him as party defendant no.2 in the suit. The said application was opposed by the plaintiff in O.S.No.5003/2022. - 3 - NC: 2025:KHC:48843 WP No. 557 of 2024 HC-KAR The Trial Court vide the order impugned has rejected IA-1 filed in O.S.No.5003/2022 and being aggrieved by the same, petitioner is before this Court.

Perusal of the material on record would go to show that the plaintiff in O.S.No.5003/2022 who is respondent no.1 in this writ petition claims that late Narasegowda who has died on

29.02.2008, during his lifetime had executed a Will dated

11.02.2008 in his favour in respect of the suit schedule properties.

According to the petitioner/impleading applicant, after the death of Narasegowda, his wife Akkamma had succeeded to his property and during her lifetime, she had executed a Will dated

16.04.2013 in his favour. Petitioner had filed O.S.No.526/2014 before the jurisdictional Civil Court at Madhugiri to declare his title over the suit schedule property and also for the consequential relief of permanent injunction. The said suit was decreed on 19.02.2018 and the Will executed by Akkamma W/o late Narasegowda is held to be valid in so far as it relates to bequeathing her share in the suit schedule property. - 4 - NC: 2025:KHC:48843 WP No. 557 of 2024 HC-KAR

The property which is the subject matter of suit in O.S.No.5003/2022 was also the subject matter of the suit in O.S.No.526/2014. Since the petitioner's title has been declared in the said suit to the extent it related to the share of Akkamma in the suit schedule property, I am of the opinion that his presence is necessary in the present suit for the purpose of effective adjudication of the dispute involved in the suit. The Trial Court, therefore, was not justified in rejecting the application filed by the petitioner to implead him as party defendant no.2 to the suit. Accordingly, the following order: