Karnataka High Court

WP/26773/2026 of SMT. SHANTHAMMA Vs SRI NAGENDRA @ SUMAN on 24 September 2026

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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

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