Karnataka High Court
WP/9910/2026 of GUDDAPPA. Y. Vs SMT. YAMUNAMMA on 29 September 2026
CNR: KAHC010213272026 NC: 2026:KHC:54176 WP No. 9910 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 9910 OF 2026 (GM-CPC) BETWEEN: 1. Y. GUDDAPPA., S/O. LATE Y. BASAPPA, AGE 52
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 9910 OF 2026 (GM-CPC)
BETWEEN:
1.
Y. GUDDAPPA.,
S/O. LATE Y. BASAPPA,
AGE 52 YEARS,
OCC: AGRICULTURIST,
R/O. DODDIBEEDHI ROAD,
HARIHAR - 577 601.
DIST. DAVANGERE.
2.
BASAVARAJ,
S/O. LATE Y. BASAPPA,
AGE 50 YEARS,
OCC AGRICULTURIST,
R/O. DODDIBEEDHI ROAD,
HARIHAR - 577 601.
DIST. DAVANGERE.
3.
RAMESH,
S/O. LATE Y. BASAPPA,
AGE 48 YEARS,
R/O. DODDIBEEDHI ROAD,
HARIHAR - 577 601.
DIST. DAVANGERE.
…PETITIONERS
(BY SRI. B.V. PINTO, ADVOCATE)
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
HC-KAR
AND:
1.
SMT. YAMUNAMMA,
W/O. LATE Y. NEELAPPA,
SINCE DEAD BY HER L.RS.
SRI Y. SANGAPPA
SINCE DEAD BY HIS L.RS.
SMT. Y. S. RATHNAMMA,
AGE 60 YEARS,
OCC: HOUSEHOLD WORK,
R/O. DODDIBEEDHI ROAD,
HARIHAR - 577 601.
DIST. DAVANGERE.
2.
Y. SURENDRA,
S/O. Y. SANGAPPA,
AGE 37 YEARS,
OCC: MASON,
R/O DODDIBEEDHI ROAD,
HARIHAR - 577 601.
DIST. DAVANGERE.
3.
Y. S. RAVIKUAMR,
S/O. Y. SANGAPPA,
AGE 35 YEARS,
OCC: BUSINESS,
R/O. DODDIBEEDHI ROAD,
HARIHAR - 577 601.
DIST. DAVANGERE.
4.
SMT. Y. PADMASHREE,
D/O. Y. SANGAPPA,
AGE 32 YEARS,
OCC: HOUSEHOLD WORK,
R/O. DODDIBEEDHI ROAD,
HARIHAR - 577 601.
DIST. DAVANGERE.
HC-KAR
5.
Y. S. GOPINATH,
S/O. Y. SANGAPPA,
AGE 28 YEARS,
OCC: MASON,
R/O. DODDIBEEDHI ROAD,
HARIHAR - 577 601.
DIST. DAVANGERE.
6.
KUMARI Y. S. SHILPA,
D/O. Y. SANGAPPA,
AGE 24 YEARS,
OCC: HOUSEHOLD WORK,
R/O. DODDIBEEDHI ROAD,
HARIHAR - 577 601.
DIST. DAVANGERE.
7.
SMT. Y. NINGAMMA,
SINCE DEAD BY HER L.Rs.,
A) SRI. KENCHAPPA AVIN,
S/O. LATE HANUMAPPA,
AGED ABOUT 55 YEARS,
OCC: AGRICULTURIST,
B) SMT. RENUKA
D/O. LATE HANUMAPPA,
AGED BOUT 50 YEARS.
OCC: HOUSEHOLD.
C) SMT. SHANTHA,
D/O HANUMAPPA,
AGED ABOUT 48 YEARS,
OCC: HOUSEHOLD.
7(a) to 7(b) all are
R/o GOODURU (SC) VILLAGE,
PIN - 587 154, ILAKAL TALUK,
BAGALKOTE DISTRICT.
HC-KAR
8.
Y. N. KARIYAPPA,
SINCE DEAD BY HIS L.RS.
SMT. Y.K. YASHODA,
W.O LATE Y.N. KARIYAPPA,
AGED ABOUT 70 YEARS,
OCC: HOUSEHOLD,
R/O METTILUHOLE ROAD,
SIBHARA CIRCLE,
HARIHAR - 577 601,
DAVANGERE DISTRICT.
9.
SMT. Y.K. RENU,
D/O LATE Y.N. KARIYAPPA,
AGED ABOUT 48 YEARS,
OCC: HOUSE HOLD,
R/O METTILUHOLE ROAD,
SIBHARA CIRCLE,
HARIHAR - 577 601,
DAVANGERE DISTRICT.
10.
SMT. Y.K. LAKSHMI,
D/O LATE Y.N. KARIYAPPA,
AGED ABOUT 45 YEARS,
OCC: HOUSE HOLD,
R/O METTILUHOLE ROAD,
SIBHARA CIRCLE,
HARIHAR - 577 601,
DAVANGERE DISTRICT.
11.
SRI. Y.K. NEELESH,
S/O. LATE Y.N. KARIYAPPA,
AGED ABOUT 42 YEARS,
R/O METTILUHOLE ROAD,
SIBHARA CIRCLE,
HARIHAR - 577 601,
DAVANGERE DISTRICT.
HC-KAR
12.
Y.N. MALLINATHA,
S/O. LATE Y. NEELAPPA,
AGE 72 YEARS,
OCC: BUSINESS,
R/O. PRASHANT AUTOMOBILES,
P. B. ROAD CIRCLE,
HARIHARA - 577 601.
13.
SMT. MALLAMMA,
D/O. Y.NEELAPPA,
AGEd 69 YEARS,
OCC: HOUSEHOLD,
R/O. 3RD MAIN,
4TH CROSS, 'B' BLOCK,
VIDYANAGARA, HARIHARA - 577 601.
…RESPONDENTS
(BY SRI. AKARSH KUMAR GOWDA, ADVOCATE
FOR C/RA TO R6)
THIS WP IS FILED U/O 1 RULE 10(2) AND (4) OF CPC
PRAYING TO-SET ASIDE THE ORDER AT ANNX-A PASSED BY
THE SENIOR CIVIL JUDGE HARIHARA ON IA NO. 16 DATED
27.02.2026 IN FDP NO. 8/2014 BY ALLOWING THIS WP.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
HC-KAR
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ORAL ORDER
The present petition impugns the order dated 27.02.2026 passed on I.A.No.16, filed under Order I Rules 10(2) and 10(4) of the Code of Civil Procedure, 1908, whereby the petitioners have been impleaded as parties to FDP No.08/2014.
2. Learned counsel for the petitioners submits that the petitioners claim right, title and interest in respect of the schedule property under the partition deed. It is contended that the Trial Court failed to consider the said aspect while passing the impugned order.
3. Considered the submissions made by learned counsel for the petitioners and perused the impugned order.
4. The FDP proceedings have been instituted pursuant to the preliminary decree passed in O.S.No.74/2002. The petitioners filed the impleadment application claiming right in respect of the properties in question. In support of their claim, they produced the property extracts and mutation entries before the Trial Court.
HC-KAR
5. Upon perusal of the documents, the Trial Court recorded a finding that the documents relied upon by the petitioners pertain to properties which are completely different and unconnected with the properties involved in the FDP proceedings.
6. The burden is upon the applicants/petitioners to prima facie establish that they have acquired some right, title or interest in the properties in question so as to seek participation in the FDP proceedings. In the absence of any prima facie material establishing such right, the Trial Court was justified in rejecting the impleadment application.
7. No ground is made out for interference with the impugned order.
Accordingly, the petition is dismissed.
Sd/- (K. V. ARAVIND) JUDGE
DDU/List No.: 1 Sl No.: 36