Karnataka High Court
Civil Procedure and EvidenceProperty and Real Estate Law

Impleadment in final decree proceedings requires prima facie proof of interest in the properties.

GUDDAPPA. Y. vs SMT. YAMUNAMMA

Karnataka High CourtJUDGMENT: September 29, 20261 MIN READSOURCE JUDGMENT
Impleadment in final decree proceedings requires prima facie proof of interest in the properties.. GUDDAPPA. Y. vs SMT. YAMUNAMMA. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners claimed an interest in the schedule properties under a partition deed and sought to participate in FDP No. 8/2014, arising from the preliminary decree in O.S. No. 74/2002.

Source reference: pp. 6–7, paras 1, 4–5

They produced property extracts and mutation entries in support of their claim.

Source reference: pp. 6–7, paras 1, 4–5

The Senior Civil Judge, Harihara, considered those documents unrelated to the properties in the FDP and made the order challenged in this writ petition under Order I Rules 10(2) and 10(4) CPC.

Source reference: pp. 6–7, paras 1, 4–5

The judgment’s opening describes the impugned order as having impleaded the petitioners, whereas its reasoning treats the application as rejected.

Source reference: p. 6, para 1; p. 7, para 6
02

Issues

1. Whether the petitioners made a prima facie showing of a right, title, or interest in the properties in the FDP sufficient to warrant their participation.

Source reference: p. 7, para 6

2. Whether the Trial Court’s order on I.A. No. 16 warranted interference in writ jurisdiction.

Source reference: p. 7, paras 6–7
03

Law Applied

Order I Rules 10(2) and 10(4) of the Code of Civil Procedure, 1908, govern the addition of parties to proceedings.

Source reference: p. 7, para 6

A person seeking impleadment in the FDP must prima facie establish a right, title, or interest in the properties in question; absent supporting material connecting the applicant to those properties, impleadment is not justified.

Source reference: p. 7, para 6

The judgment cites no precedent.

Source reference: p. 7, para 6
04

Reasoning

The petitioners relied on a partition deed, property extracts, and mutation entries to assert an interest in the FDP properties.

Source reference: pp. 6–7, paras 2, 4–7

The Trial Court found that the extracts and entries related to different, unconnected properties.

Source reference: pp. 6–7, paras 2, 4–7

The High Court held that the petitioners had not discharged their burden of establishing even a prima facie interest in the properties at issue and therefore found no ground to interfere with the Trial Court’s order.

Source reference: pp. 6–7, paras 2, 4–7
05

Holding

The High Court held that no ground for interference had been made out.

The High Court dismissed the writ petition.

Source reference: p. 7, para 7

The order does not grant any further relief or issue additional directions.

Source reference: p. 7, para 7
Karnataka High Court

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GUDDAPPA. Y.vsSMT. YAMUNAMMA

Karnataka High Court · September 29, 2026

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