HANMANTHRAYA vs POORNIMA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11339
WP No. 200453 of 2026
CNR: KAHC030008772026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.200453 OF 2026 (GM-CPC)
BETWEEN:
1. HANMANTHRAYA S/O BASANNA PADMAJI,
AGE: 77 YEARS, OCC: AGRICULTURE,
2. MALLIKARJUN S/O BASANNA PADMAJI,
AGE: 75 YEARS, OCC: AGRICULTURE,
3. NAGINDRAPPA S/O BASANNA PADMAJI,
AGE: 73 YEARS, OCC: AGRICULTURE,
ALL ARE R/O. HEERAPUR,
TQ. AND DIST. KALBURGI - 585103.
…PETITIONERS
(BY SRI.SAKRY K. S. AND
SRI B.S.BIRADAR, ADVOCATES)
AND:
1. POORNIMA
D/O BASAVARAJ, (W/O BHARATH B),
AGE: 35 YEARS, OCC: HOUSEHOLD,
R/O. HEERAPUR, TQ. AND DIST. KALABURAGI,
NOW R/AT 718,
CHANNABASAVESHWAR DEFENCE COLONY,
BAGALKUNTE, BENGALURU- 560073.
Digitally signed
by B NAGAVENI
Location: HIGH
COURT OF
KARNATAKA
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2. PRASHANT S/O BASAVARAJ,
AGE: 35 YEARS, OCC: SOFTWARE ENGINEER,
R/O. HEERAPUR, TQ. AND DIST. KALBURGI,
NOW R/ AT UNITED STATES OF AMERICA,
530 W MAIN ST, APT. B, CARMEL, INDIANA-46032.
3. PRAVEEN S/O BASAVARAJ,
AGE: 35 YEARS,
OCC: DESIGN MECHANIC ENGINEER,
R/O. HEERAPUR - 585103,
TQ. AND DIST. KALABURAGI.
4. BASAVARAJ S/O MALKAJAPPA KOLKUR,
AGE: 67 YEARS, OCC: NIL,
R/O. NOW R/ AT #5, LAKSHMI NIVAS,
ND TH
2 CROSS, 7 MAIN, KALKERE MAIN ROAD,
RAM MURTHY NAGAR,
BENGALURU- 560016.
5. MALLIKARJUN @ MALKAJAPPA
S/O SRIMANTHRAO
@ SHRIMANTHRAYA PADMAJI,
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O. HEERAPUR,
TQ. AND DIST. KALABURAGI - 585103..
6. SMT. YASHODA
W/O CHANDRAKANTA RAIRAM,
AGE: 61 YEARS, OCC: HOUSEHOLD,
R/O. HEERAPUR,
TQ. AND DIST. KALBURGI,
NOW R/ AT PLOT NO.01, SY.NO.11/3,
NEAR HANUMAN TEMPLE, AFZALPUR ROAD,
BIDDAPUR COLONY, KALABURAGI - 585103.
7. SMT. DEVAKI W/O CHANDRAKANTA,
AGE: 59 YEARS, OCC: HOUSEHOLD,
R/O. HEERAPUR, TQ. AND DIST. KALBURGI,
NOW R/ AT C/O. CHANDRAKANTA LIG 2,
BIDDAPUR COLONY, KALABURAGI - 585103.
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NC: 2026:KHC-K:11339
WP No. 200453 of 2026
CNR: KAHC030008772026
8. SHIVANAND S/O SRIMANTHRAO
@ SHRIMANTHRAYA PADMAJI,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. HEERAPUR,
TQ. AND DIST. KALABURAGI - 585103..
9. SARVOTTAM S/O SRIMANTHRAO
@ SHRIMANTHRAYA PADMAJI,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O. HEERAPUR,
TQ. AND DIST. KALABURAGI - 585103.
…RESPONDENTS
(BY SRI. SUBHASH MALLAPUR, ADVOCATE FOR R1, R3 & R4;
SRI SHARANABASAPPA K. BABSHETTY, ADVOCATE
FOR R5, R8 & R9;
V/O DTD. 14.10.2026 NOTICE TO R6 IS HELD SUFFICIENT)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE
AN ORDER OR WRIT IN THE NATURE OF CERTIORARI TO
QUASH THE IMPUGNED ORDER ON I.A.NO.14 UNDER ORDER
01 RULE 10 (2) R/W SECTION 151 OF CPC DATED 06.12.2025
PASSED BY THE I ADDL. SENIOR CIVIL JUDGE KALABURAGI IN
O.S.NO.48/2023 AT ANNEXURE-F, AND CONSEQUENTLY
ALLOW I.A.NO.14 FILED BY THE PETITIONERS FOR
IMPLEADMENT AS DEFENDANT NO.6 TO 8 IN THE SAID SUIT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
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ORAL ORDER
1. Learned counsel for the petitioners submits that
petitioner No.3 passed away on 12.02.2026.
Petitioners filed this writ petition challenging the
order passed on I.A.No.XIV for impleading
themselves as defendant Nos.6 to 8, since they are
necessary and proper parties to the proceedings, on
the ground that the petitioners have purchased the
property under a registered Sale Deed and their
names are continued in the revenue records. The
said application was opposed by the respondents
herein by filing the objections contending that the
petitioners are neither necessary nor proper parties
and it is contended that the petitioners have already
filed a suit in O.S.No.372 of 2023 on the file of III
Additional Senior Civil Judge, Kalaburagi.
2. The Trial Court after hearing the learned counsel for
the parties rejected the application by order dated
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06.12.2025. Being aggrieved, the petitioners filed
this writ petition.
3. Heard the arguments of learned counsel for the
petitioners and learned counsel for respondent
Nos.5, 8 and 9.
4. Learned counsel for the petitioners submits that the
petitioners are necessary and proper parties to the
proceedings, as their names are reflected in the
revenue records. It is further submitted that, if the
petitioners are not impleaded in the proceedings,
they may be compelled to initiate separate
proceedings, thereby resulting in multiplicity of
litigation. It is contended that the Trial Court, without
considering these material aspects, has committed
an error in rejecting the application. Hence, on these
grounds, he prays to allow the writ petition.
5. Per contra, learned counsel for respondent Nos.5, 8,
9 submitted that the petitioners have already filed a
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suit which is pending for consideration. If at all, the
petitioners are having any right over the suit
schedule property, they can adjudicate their
grievance in O.S.No.372 of 2023. It is further
submitted that petitioners are neither necessary nor
proper parties to the present suit. The Trial Court
was justified in rejecting the application. Hence, on
these grounds, he prays to dismiss the petition.
6. Perused the records and considered the submissions
of the learned counsel for the parties.
7. It is an undisputed fact that respondent Nos.1 to 4
have filed a suit for partition and separate
possession. The other respondents appeared and
filed their written statement. When the case was
posted for evidence, at that stage, petitioners have
filed an application to implead themselves as
proposed defendant Nos.6 to 8. Admittedly, the
petitioners have already filed a suit for declaration in
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NC: 2026:KHC-K:11339
WP No. 200453 of 2026
CNR: KAHC030008772026
O.S.No.372 of 2023 on the file of III Additional
Senior Civil Judge, Kalaburagi which is pending for
consideration. If the petitioners have got any
grievance, the petitioners can work out their remedy
in the said suit in O.S.No.372 of 2023. Merely
because the names of the petitioners are entered in
the revenue records, they do not automatically
become necessary or proper parties to the
proceedings. The Trial Court considering the material
on record was justified in passing the impugned
order. Hence, I do not find any error in the
impugned order.
8. Accordingly, I proceed to pass the following:
ORDER
dismissed
i. Writ petition is .
Sd/-
(ASHOK S. KINAGI)
JUDGE
VNR
List No.: 1 Sl No.: 8
Ct:pk