Karnataka High Court
WP/26012/2026 of SRI M S MARULAIAH Vs SRI H N SIDDARAMANNA on 24 August 2026
CNR: KAHC010573462026 NC: 2026:KHC:45536 WP No. 26012 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 26012 OF 2026 (GM-CPC) BETWEEN: SRI M S MARULAIAH S/O SHIVALINGAPPA AGED
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 26012 OF 2026 (GM-CPC)
BETWEEN:
SRI M S MARULAIAH
S/O SHIVALINGAPPA
AGED ABOUT 62 YEARS,
BESIDE GOVT HOPSITAL
MADALU VILALGE, KANAKATTE HOBLI
ARSIKERE TALUK,
HASSAN DIST. - 573 144
…PETITIONER
(BY SRI. K. GURUDHATTA, ADVOCATE)
AND:
1.
SRI H N SIDDARAMANNA
S/O H K NANJAPPA
AGED ABOUT 48 YEARS,
BANAVARA, ARSIKERE TALUK,
HASSAN DISTRICT - 573 103
2.
SMT SARVAMANGALA
W/O PARAMESHWARAPPA
AGED ABOUT 58 YEARS,
DUMMENHALLI VILALGE,
KASABA HOBLI, ARSIKERE TALUK,
HASSAN DIST - 573 103
Digitally
signed by
SUVARNA T
Location:
HIGH COURT
OF
KARNATAKA
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3.
SRI PUTTAMALAPPA
S/O SIDDAPPA
AGED ABOUT 57 YEARS,
MADALU VILALGE, KANAKATTE HOBLI
ARSIKERE TALUK,
HASSAN DIST. - 573 144
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DATED 10.07.2026 PASSED BY THE LEARNED SENIOR
CIVIL JUDGE AND JMFC, ARSIKERE, IN FDP NO.6/2022, PRODUCED AT ANNEXURE-C ETC.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
1. Aggrieved by the order dated 10.07.2026 passed in FDP No.6/2022 by the learned Senior Civil Judge and JMFC, Arasikere, the petitioner (respondent No.1 before the FDP Court) is before this Court.
2. When the Final Decree Proceedings ('FDP' for short) were initated, the petitioner filed objections stating
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that there are necessary parties and were not added as parties to the suit. The petition was bad for non-joinder of necessary parties and that the court could not proceed with the final decree. The trial court had rejected the objections.
3. The trial court has observed that the appellate court has passed an order in R.A. No.63/2018. By that time, the petitioner herein who is the respondent No. 3 in the final decree proceedings was already brought on record. At that time, the respondents had not raised any such contention regarding the suit is bad for non-joinder of necessary parties. At this stage, the contentions raised by the respondents are not sustainable.
4. Further, at the earliest point of time, when the original proceedings were going on, the respondent/petitioner has not raised this objection. In view of Order I Rule 13 of CPC, failure to take such an objection at the earliest opportunity, they cannot take
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such a contention at this point of time and accordingly the trial court dismissed the same.
5. Learned counsel for the petitioner has reiterated the contention that was raised before the executing Court and submits that, the Court ought not to have gone ahead with the execution proceedings because the judgment and decree suffers from not impleading proper and necessary parties.
6. Having heard the learned counsel for the petitioner, perused the material on record.
7. The petitioner, who was a party to the proceedings had never taken such a plea and it is raised in the final decree proceedings. The trial court has rightly considered all these aspects and rightly dismissed the petition. Hence, this court finds no reason to consider the same.
8. Accordingly, the writ petition is dismissed.
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Pending IA(s), if any, stands disposed of accordingly.
SD/- (LALITHA KANNEGANTI) JUDGE
SKS