Karnataka High Court
WP/26773/2026 of SMT. SHANTHAMMA Vs SRI NAGENDRA @ SUMAN on 24 September 2026
CNR: KAHC010588822026 NC: 2026:KHC:53163 WP No. 26773 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 26773 OF 2026 (GM-CPC) BETWEEN: 1. SMT. SHANTHAMMA W/O. LATE SIDDAMALLAPPA, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 26773 OF 2026 (GM-CPC)
BETWEEN:
1.
SMT. SHANTHAMMA
W/O. LATE SIDDAMALLAPPA,
AGED ABOUT 74 YEARS,
R/A KATNAVADI VILLAGE,
HARAVE HOBLI,
CHAMARAJANAGAR TALUK AND DISTRICT
PETITIONER
(BY SRI ANANTHARAM G. R., ADVOCATE)
AND:
1.
SRI NAGENDRA @ SUMAN
S/O SRI MAHESHA MADESHAPPA
AGED ABOUT 24 YEARS,
R/A KATNAVADI VILLAGE,
HARAVE HOBLI,
CHAMARAJANAGAR TALUK
AND DISTRICT 571128.
2.
SRI MAHESHA @ MADESHAPPA,
S/O. LATE SIDDAMALLAPPA,
AGED ABOUT 56 YEARS,
R/A KATNAVADI VILLAGE,
HARAVE HOBLI,
CHAMARAJANAGAR TALUK
AND DISTRICT. 571128
…RESPONDENTS
(BY SRI P. MAHESHA, ADVOCATE FOR R1)
Digitally
signed by
VINUTHA B
S
Location:
High Court
of Karnataka
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 22 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 26.02.2026 OF THE LEARNED ADDL. CIVIL
JUDGE
AND
JMFC
CHAMARAJANAGAR
VIDE
ANNX-G
DISMISSING IA NO. 1/2025 FILED BY THE PETITIONER HEREIN
IN FDP NO. 33/2025 UNDER OR. 1 RULE 10(2) OF CPC
SEEKING IMPLEADMENT OF THE SUBSEQUENT PURCHASER AS
AN ADDITIONAL RESPONDENT THEREIN BY ISSUANCE OF AN
APPROPRIATE WRIT IN THE NATURE OF CERTIORARY OR ANY
OTHER APPROPRIATE WRIT, ORDER OR DIRECTION.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
Heard the learned counsel for the parties.
2. This petition is filed impugning the order dated 26.02.2026, whereby the application filed under Order I Rule 10(2) of the Code of Civil Procedure, 1908, seeking to implead the purchaser of the property in question, who purchased the same during the pendency of the final decree proceedings, has been rejected.
3. It is a settled position of law that a purchaser of the property would be a proper party, as the purchaser would be entitled to seek protection of his rights to the extent of the
HC-KAR
share allotted in favour of the vendor in the final decree proceedings. In that view of the matter, the order passed by the Trial Court cannot be sustained.
4. Accordingly, the following:
ORDER
I. The order dated 26.02.2026 passed in FDP No.33/2025 is hereby set aside.
II. The application filed under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908, is hereby allowed.
III. The Trial Court shall endeavour to dispose of the final decree proceedings expeditiously.
IV. Accordingly, the writ petition stands disposed of.
Sd/- (K. V. ARAVIND) JUDGE
VP List No.: 1 Sl No.: 137