Karnataka High Court
WP/29710/2026 of SMT. GANGAMMA Vs SRI MAHESH G on 28 September 2026
CNR: KAHC010649282026 NC: 2026:KHC:53943 WP No. 29710 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29710 OF 2026 (GM-CPC) BETWEEN: 1. SMT. GANGAMMA WIFE OF LATE CHALUVAIAH,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 29710 OF 2026 (GM-CPC)
BETWEEN:
1.
SMT. GANGAMMA
WIFE OF LATE CHALUVAIAH,
DAUGHTER LATE GANGAIAH @ PAPAIAH,
AGED ABOUT 71 YEARS,
RESIDING AT HULIVANA VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMKUR DISTRICT 572 111
BENEFIT OF SENIOR CITIZEN NOT CLAIMED.
…PETITIONER
(BY SRI. PUNITH C., ADVOCATE)
AND:
1.
SRI. MAHESH G,
SON OF LATE H. GANGADHARAIAH,
AGED ABOUT 41 YEARS,
RESIDING AT HULIVANA VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMKUR DISTRICT, PIN CODE 572111.
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE
Digitally
signed by
VINUTHA B S
Location: High
Court of
Karnataka
HC-KAR
IMPUGNED ORDER DATED 27.07.2026 ON IA FILED UNDER
ORDER 1 RULE 10 READ WITH SECTION 151 OF CPC PASSED
BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC KUNIGAL IN
OS NO. 386/2021 AS PER ANNX-F AND ORDER TO DISMISS
THE IA FILED BY THE R2 UNDER ORDER 1 RULE 10 READ WITH
SECTION 151 OF CPC AS PER ANNX-D 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
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ORAL ORDER
This petition is filed impugning the order dated 27.07.2026 passed in O.S.No.386/2021 by the Additional Civil Judge and JMFC, Kunigal, on an application filed under Order I Rule 10 of the Code of Civil Procedure, 1908, permitting the impleadment of the applicant in a suit for partition and separate possession.
2. The application for impleadment was filed on the basis of a registered Will executed in favour of the proposed defendant. In view of the claim of rights over the suit schedule properties under the said Will, the proposed defendant has been held to be a necessary party. The Trial Court has further recorded that
HC-KAR
the burden of proving the due execution of the Will rests upon the proposed defendant and that the registered Will carries a presumptive value unless the same is disproved.
3. In view of the registered Will and the rights claimed thereunder, the impleaded respondent is a necessary party to the suit.
4. In the light of the above, the Trial Court was justified in allowing the application for impleadment. No ground is made out for interference with the impugned order.
Accordingly, the writ petition stands dismissed.
Sd/- (K. V. ARAVIND) JUDGE
DDU List No.: 1 Sl No.: 37