SHIVASHANKAR PHULSE vs RAJASHREE AND ORS
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11133
WP No. 202800 of 2023
CNR: KAHC030095832023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT PETITION NO. 202800 OF 2023 (GM-CPC)
BETWEEN:
SRI SHIVASHANKAR PHULSE
S/O LATE HIRALAL PHULSE,
AGED ABOUT 50 YEARS, OCC: BUSINESS,
R/O. H.NO.1211,
“SRI MAILARLINGA NILAYA,”
ST ST ST
1 CROSS, 1 PHASE, 1 MAIN,
TH
5 STAGE, BEML LAYOUT,
RAJARAJESHWARI NAGAR,
BENGALURU-560098.
…PETITIONER
(BY SRI. RAVI B. PATIL, ADVOCATE)
AND:
1. SMT. RAJASHREE
W/O NANDAKUMAR PATIL,
AGED ABOUT 48 YEARS,
OCC: HOUSEHOLD AND AGRICULTURE,
R/O. BRAHMPUR COLONY,
BIDAR-585401.
2. SMT. VIJAY LAXMI
W/O ANIL KUMAR NAVADGI,
AGED ABOUT 42 YEARS, OCC: AGRICULTURE,
R/O KOTHARI BHAVAN,
GULBARGA-585103.
Digitally signed by
VARSHA N
RASALKAR
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC-K:11133
WP No. 202800 of 2023
CNR: KAHC030095832023
3. SRI SHIVASHARNAPPA
S/O SANGRAMAPPA PATIL,
AGED ABOUT 75 YEARS, OCC: AGRICULTURE,
R/O NAVADGERI TALUK,
BIDAR-585401.
4. SRI VEERENDRA
S/O SHIVSHARNAPPA PATIL,
AGED ABOUT 46 YEARS, OCC: AGRICULTURE,
R/O NAVADGERI TALUK,
BIDAR-585401.
5. SMT. GYANDEVI W/O SURYAKANTH,
AGED ABOUT 51 YEARS, OCC: HOUSE HOLD,
R/O SHIVNAGAR NORTH,
NEAR HOUSE OF KUMAR NAGMARPALLY,
BIDAR-585401.
…RESPONDENTS
(BY SRI. MANURE ASHOK KUMAR, ADVOCATE FOR R5;
R3 & R4 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO A) A WRIT OF
CERTIORARI ANY OTHER WRIT OR DIRECTION TO QUASH THE
IMPUGNED ORDER DATED 28-03-2023 PASSED ON IA NO. 1 IN
RA NO.66/2023 (OLD RA NO. 2/2019) PASSED BY THE
PRINCIPAL JUDGE FAMILY COURT AT BIDAR AS AT ANNEXURE-
G CONSEQUENTIALLY TO ALLOW THE APPLICATION OF THE
PETITIONER THEREBY PERMITTING THE PETITIONER TO
CONTEST THE PENDING APPEAL ON MERITS.
B) PASS SUCH OTHER ORDER/S AS THIS HON’BLE COURT
DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-K:11133
WP No. 202800 of 2023
CNR: KAHC030095832023
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
ORAL ORDER
1. The petitioner filed this writ petition challenging the
order dated 28.03.2023 passed on I.A. No.1 in R.A.
No.66 of 2023, wherein the petitioner has filed an
application under Order I Rule 10 of the Code of Civil
Procedure, 1908 (for short, ‘the CPC’) praying to
implead him as respondent No.5 alleging that he has
entered into a Joint Development Agreement dated
17.06.2016 with respect to the suit schedule
property.
2. Respondent Nos.1 and 2 filed objections contending
that the suit is filed for a declaration to declare the
registered sale deeds as null and void. It is
contended that there is no Joint Development
Agreement. The proposed respondent No.5 i.e., the
petitioner herein, cannot get impleaded in the suit,
since he is neither necessary nor a proper party and
as such, prayed to dismiss the application.
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HC-KAR
NC: 2026:KHC-K:11133
WP No. 202800 of 2023
CNR: KAHC030095832023
3. The First Appellate Court, after hearing the learned
counsel for the parties, rejected the application vide
order dated 28.03.2023. Hence, this writ petition.
4. Though the petitioner has served notice to the
learned counsel appearing for the respondents before
the Trial Court, despite service of notice, they
remained unrepresented.
5. Heard the arguments of the learned counsel for the
petitioner.
6. Learned counsel for the petitioner submits that
respondent Nos.1 and 2 have entered into a Joint
Development Agreement with the petitioner and filed
a suit for declaration to declare the registered sale
deeds as null and void. He submits that by virtue of
the Joint Development Agreement, the petitioner is a
necessary and proper party. However, the First
Appellate Court, without properly considering the
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HC-KAR
NC: 2026:KHC-K:11133
WP No. 202800 of 2023
CNR: KAHC030095832023
material on record, has rejected the application.
Hence, prays to allow the writ petition.
7. Perused the records and considered the submissions
of the learned counsel for the petitioner.
8. It is an undisputed fact that respondent Nos.1 and 2
filed a suit (in OS No.55 of 2013) for declaration to
declare that the registered sale deeds executed are
null and void. The said suit came to be dismissed by
judgment dated 01.12.2018.
9. Respondent Nos.1 and 2 aggrieved by the dismissal
of suit in OS No.55 of 2013 preferred an appeal in
R.A. No.66 of 2023.
10. The petitioner filed an application i.e., IA No.1 under
Order I Rule 10 of CPC contending that respondent
Nos.1 and 2 have entered into a Joint Development
Agreement with the petitioner and if any judgment is
to be passed against respondent Nos.1 and 2, it will
affect the rights of the petitioner.
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HC-KAR
NC: 2026:KHC-K:11133
WP No. 202800 of 2023
CNR: KAHC030095832023
11. From the perusal of the judgment passed by the Trial
Court in the said suit, it is evident that there is no
reference about the execution of a Joint
Development Agreement between respondent Nos.1,
2 and the petitioner, and moreover, that is not the
subject matter of the suit in O.S. No.55 of 2013.
12. Respondent Nos.1 and 2, being the plaintiffs in the
suit, are the master of their case. They can seek
relief(s) against an aggrieved person, and according
to them, the petitioner is not the aggrieved person.
As such, the petitioner is neither necessary nor
proper party.
13. In this view of the matter, I am of the considered
opinion that the First Appellate Court was justified in
rejecting the application. Hence, I do not find any
grounds to interfere with the impugned order, as
such, I decline to interfere with the impugned order.
14. In the result, I proceed to pass the following order:
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HC-KAR
NC: 2026:KHC-K:11133
WP No. 202800 of 2023
CNR: KAHC030095832023
ORDER
dismissed
(i) The writ petition is .
(ii) Liberty is reserved to the
petitioner to agitate his
grievance before the appropriate
forum in appropriate
proceedings.
Sd/-
(ASHOK S. KINAGI)
JUDGE
RK
List No.: 2 Sl No.: 2
Ct:pk