SHAHEENA TAJ vs SHIVANNA

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HC-KAR
NC: 2026:KHC:57276
WP No. 29742 of 2026

CNR: KAHC010650532026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO. 29742 OF 2026 (GM-CPC)

BETWEEN:

1.
SHAHEENA TAJ,
W/O LATE. SHAWKATH ALI,
AGED ABOUT 60 YEARS,
R/O NANDI ROAD, NAGAVALLI,
HEBBURU HOBLI - 572 118,
TUMAKURU TALUK AND DISTRICT.

2. NAGINA KHANUM,
W/O LATE. MOHAMMED ILIYAZ,
AGED ABOUT 49 YEARS,
R/O GOLLAHALLI VILLAGE,
KUDUR HOBLI,
MAGADI TALUK - 561 101,
RAMANAGARA DISTRICT.

3. BASHAPEER,
S/O PEER KHAN,
AGED ABOUT 46 YEARS,
R/O HONNESAGERE VILLAGE,
HEBBURU HOBLI - 572 118,
TUMAKURRU TALUK AND DISTRICT.
…PETITIONERS

Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka

(BY SRI. S.V. PRAKASH, ADVOCATE)

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HC-KAR
NC: 2026:KHC:57276
WP No. 29742 of 2026

CNR: KAHC010650532026

AND:

1. SHIVANNA,
S/O CHIKKABHEERAIAH,
AGED ABOUT 71 YEARS,
R/O HONASIGERE VILLAGE,
HEBBUR HOBLI - 572 118,
TUMAKURU TALUK AND DISTRICT.

2. KALEEL ULLA KHAN @ SUNNA SAB,
S/O MIYA KHAN,
AGED ABOUT 84 YEARS.

3. MAQBALUNNISA,
W/O LATE. BASHEER SAB
@ PATHE KHAN,
AGED ABOUT 75 YEARS.

4. BABU ULLA KHAN,
S/O LATE. BASHEER SAB
@ PATHE KHAN,
AGED ABOUT 62 YEARS.

5. NAGEENA KHANUM,
D/O LATE. BASHEER SAB
@ PATHE KHAN,
AGED ABOUT 48 YEARS.

6.
KALEEM ULLA KHAN,
S/O LATE. BASHEER SAB
@ PATHE KHAN,
AGED ABOUT 52 YEARS,

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HC-KAR
NC: 2026:KHC:57276
WP No. 29742 of 2026

CNR: KAHC010650532026

7. RAHEEMULLA KHAN,
S/O LATE. BASHEER SAB
@ PATHE KHAN,
AGED ABOUT 47 YEARS.

8. MUNNI KANUM,
D/O LATE. BASHEER SAB
@ PATHE KHAN,
AGED ABOUT 49 YEARS.

9.
SHANVAZ KHANUM,
D/O LATE. BASHEER SAB
@ PATHE KHAN,
MAJOR.

10. SIBBATHULLA KHAN,
S/O LATE. BASHEER SAB
@ PATHE KHAN,
AGED ABOUT 41YEARS.

11.
FIROZUNNISA,
W/O LATE. MOHAMMED DASTHAGIR,
AGED ABOUT 53 YEARS.

12. H.S. RUDRAPPA,
S/O SIDDALINGAPPA,
AGED ABOUT 74 YEARS.

13. AMEERJAN,
S/O NANNU SAB,
AGED ABOUT 74 YEARS,

THE RESPONDENTS 2 TO 13 ARE
R/O HONASAGERE VILLAGE,

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HC-KAR
NC: 2026:KHC:57276
WP No. 29742 of 2026

CNR: KAHC010650532026

HEBBUR HOBLI - 572 118,
TUMAKURU TALUK AND DISTRICT.

14. MEHABOOB SAB,
S/O BUDEN SAB,
AGED ABOUT 74 YEARS,
R/O CHIKKAPURA VILLAGE,
HEBBUR HOBLI - 572 118,
TUMAKURU TALUK AND DISTRICT.
…RESPONDENTS
(BY SRI. V.B. SIDDARAMAIAH, ADVOCATE FOR C/R1)
THIS W.P. IS FILED UDNER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 13.08.2026 PASSED BY THE COURT OF THE LEARNED
III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU
ALLOWING THE APPLICATION OF THE 1ST RESPONDENT TO
COME ON RECORD AS AN ADDITIONAL DEFENDANT TO THE
SUIT IN O.S.NO.89/2015 PRODUCED AS ANNEXURE-K TO THE
WRIT PETITION AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL ORDER

The present petition impugns the order dated
13.08.2026, whereby the application filed by respondent No. 1
herein under Order I Rule 10(2) of the Code of Civil Procedure,
1908, came to be allowed. The suit is one for declaration and
permanent injunction.

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HC-KAR
NC: 2026:KHC:57276
WP No. 29742 of 2026

CNR: KAHC010650532026

2. Learned counsel appearing for the petitioners submits
that the suit schedule property and the property in respect of
which the proposed defendant No. 14 claims rights are distinct
and separate properties. It is contended that the suit schedule
property has no connection whatsoever with the land in respect
of which the proposed defendant No. 14 asserts a claim.

2.1 It is further submitted that the Trial Court, without even
recording a prima facie finding as to the nexus between the
claim of the proposed defendant No. 14 and the subject matter
of the suit, permitted the impleadment of an unnecessary party
to the proceedings.

3. Per contra , learned counsel appearing for caveator-
respondent No. 1 submits that the suit schedule property
overlaps with the property owned by respondent No. 1, thereby
necessitating the filing of the application for impleadment.

4. Considered the submissions made learned counsel for the
parties and perused the material on record.

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HC-KAR
NC: 2026:KHC:57276
WP No. 29742 of 2026

CNR: KAHC010650532026

5. Learned counsel appearing for the petitioners has filed an
affidavit dated 12.10.2026 in compliance with the order dated
22.09.2026. In the affidavit, it is stated that the lis in the suit is
confined to a dispute among the family members and that the
property in respect of which respondent No. 1, the impleading
applicant, claims possessory rights is altogether a different
property. It is further stated that the parties to the suit have no
dispute with the proposed defendant in respect of the property
claimed to be in his possession.
6. In view of the averments made in the affidavit, the
application seeking impleadment appears to be founded merely
on an apprehension and is devoid of any substantive basis. The
apprehension of the proposed defendant, if any, stands
addressed in view of the affidavit placed on record before this
Court.
7. In the light of the affidavit dated 12.10.2026, the
impugned order cannot be sustained.
8. Accordingly, the following:

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HC-KAR
NC: 2026:KHC:57276
WP No. 29742 of 2026

CNR: KAHC010650532026

ORDER

I. The writ petition is allowed in part .

II. The order dated 13.08.2026 is hereby set aside .

III. The application filed under Order I Rule 10(2) of the Code
of Civil Procedure, 1908, is hereby rejected in view of
the affidavit dated 12.10.2026 filed by the petitioners.

Sd/-
(K. V. ARAVIND)
JUDGE

DDU
List No.: 1 Sl No.: 16