SMT SUMATHI vs DEVARAJ G M
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:56973
WP No. 22209 of 2021
CNR: KAHC010455392021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 22209 OF 2021 (GM-CPC)
BETWEEN:
1. SMT SUMATHI
W/O ASHOK
AGED ABOUT 47 YEARS
C/O ASHOK DRIVER
AGRAHARA, RAGHAVENDRASWAMY MUTTA ROAD
SAGAR TOWN, PINCODE - 577201
2. SMT VASANTI
W/O INDUDHARA
AGED ABOUT 45 YEARS
R/O HAYA GRAMA, KUPPAGADDE ANCHE
SORAB TALUK - 577413
…PETITIONERS
(BY SRI. R. GOPAL, ADVOCATE)
AND:
1. DEVARAJ .G.M
S/O S N MURUGEPPA GOWDA
AGED ABOUT 43 YEARS
R/O GULLEHALLI VILLAGE, AVINAHALLI HOBLI
GENASENAKUNI ANCHE
SAGAR TALUK – 577201.
2. SMT NANDINI
W/O SHIVAPRAKASH
AGED ABOUT 34 YEARS
R/O AVINAHALLI ROAD, ARALIKATTE
NEAR THIMMANNA NAIKA KERE
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56973
WP No. 22209 of 2021
CNR: KAHC010455392021
SAGAR TOWN – 577201.
PRESENT ADDRESS
R/O BENAGI VILLAGE
DASANAKOPPA VILLAGE POST
SIRSI TALUK
NORTH CANARA DISTRICT - 581401.
…RESPONDENTS
(BY SRI. JAYAPRAKASH .R.V, ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER
DATED 14.07.2021 ON I.A.NO.4 IN O.S.NO.194/2014, VIDE
ANNEXURE-K PASSED BY THE COURT OF PRINCIPAL CIVIL
JUDGE AND JMFC AT SAGAR AND ALSO ORDER DATED
01.10.2021 ON I.A.NO. NIL IN O.S.NO.194/2014, VIDE
ANNEXURE-L PASSED BY THE COURT OF PRINCIPAL CIVIL
JUDGE AND JMFC AT SAGAR; AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned petition is filed by defendant Nos.3
and 4 calling in question two orders passed by the learned
Trial Judge, whereby the application filed by the legatee
under Order I Rule 10(2) of the Code of Civil Procedure,
1908 (for short, ‘the CPC’), seeking impleadment to
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56973
WP No. 22209 of 2021
CNR: KAHC010455392021
prosecute the suit instituted by the testator, Gowramma,
and the application seeking amendment of the plaint have
been allowed.
2. Heard learned counsel appearing for the
petitioners and perused the impugned orders.
3. Learned counsel for the petitioners vehemently
contends that, upon the demise of Gowramma, the legatee
had initially filed an application under Order XXII Rule 4 of
the CPC, which was subsequently withdrawn. Having
withdrawn the said application, the legatee could not have
maintained a subsequent application seeking impleadment
under Order I Rule 10(2) of the CPC. It is further
contended that the learned Trial Judge ought not to have
permitted amendment of the plaint, particularly when the
trial had already commenced.
4. Having considered the submissions made by
learned counsel for the petitioners and examined the
impugned orders, this Court is of the view that the order
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56973
WP No. 22209 of 2021
CNR: KAHC010455392021
allowing the application for impleadment does not warrant
interference. Gowramma had instituted the suit seeking
partition and separate possession of the suit schedule
properties. The legatee, seeking to come on record, has
asserted that Gowramma had executed a Will bequeathing
her interest in the suit schedule properties.
5. This Court, in the reported judgment in Shri
Ganesh S/o Vaiju @ Vijay Kurbet vs. Smt. Gangawwa
1
@ Laxmi Vaiju @ Vijay Kurbet , has held that where a
Will is set up in a partition suit, the question concerning its
genuineness is required to be adjudicated in the partition
proceedings, having regard to its direct bearing on the
determination and quantification of the respective shares
of the parties.
6. In the light of the aforesaid proposition, the
contention advanced by learned counsel for the petitioners
that the legatee must seek adjudication of the Will in an
1
W.P.No.106399 of 2026 Dtd: 31.08.2026
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56973
WP No. 22209 of 2021
CNR: KAHC010455392021
independent suit cannot be accepted. The validity and
effect of the testamentary disposition asserted by the
legatee would have a direct bearing on the determination
of the rights and shares of the parties in the pending
partition suit. It would, therefore, be appropriate to have
the controversy relating to the Will adjudicated in the
pending proceedings themselves, rather than relegate the
legatee to an independent suit, which may result in
multiplicity of proceedings and the possibility of conflicting
findings.
7. Further, the mere fact that the application was
not presented under the appropriate provision of law
cannot, by itself, constitute a ground for rejecting the
application, particularly when the relief sought is otherwise
legally maintainable.
8. In the above circumstances, this Court finds no
illegality or perversity in the order passed by the learned
Trial Judge allowing the application for impleadment.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
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WP No. 22209 of 2021
CNR: KAHC010455392021
9. Insofar as the order allowing amendment of the
plaint is concerned, the proposed amendments are stated
to comprise certain typographical corrections and the
incorporation of an additional plea. The learned Trial
Judge, upon consideration of the nature of the proposed
amendments, has exercised judicial discretion in
permitting the same. On a perusal of the impugned order,
this Court is not persuaded to hold that the exercise of
such discretion is arbitrary or that the proposed
amendments cause any serious prejudice to the
petitioners warranting interference in the exercise of writ
jurisdiction.
10. Nevertheless, to safeguard the interests of the
petitioners, liberty is reserved to them to file an additional
written statement, if so advised, in response to the
amended pleadings. The learned Trial Judge shall consider
such additional written statement in accordance with law.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56973
WP No. 22209 of 2021
CNR: KAHC010455392021
11. For the foregoing reasons, the writ petition
stands disposed of . All contentions of the parties on the
merits of the dispute, including those relating to the
genuineness and legal effect of the Will, are kept open for
consideration by the learned Trial Judge in accordance
with law.
Pending interlocutory applications, if any, stand
disposed of.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
List No.: 1 Sl No.: 39