Ashokswami S/O. Channaveeragouda Sarangamath, Vs Sarangayya S/O. Channaveeragouda Sarangamath

CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANILocation: HIGHCOURT OFKARNATAKADHARWAD BENCHDate: 2025.10.1807:57:07 +0100

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SARANGAYYA S/O. CHANNAVEERAGOUDA SARANGAMATH, AGED ABOUT 74 YEARS, OCC. EX-ARMY AND AGRICULTURE, R/O. GUDDADA DEVALAPUR-584 166, TQ. KUSHTAGI, DIST. KOPPAL, THROUGH GPA HOLDER, SUNIL S/O. SARANGAYYA SARANGAMATH, AGED ABOUT 34 YEARS, OCC. PVT. SERVICE AND AGRICULTURE, R/O. GUDDADA DEVALAPUR, TQ. KUSHTAGI, DIST. KOPPAL.

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CHANNABASAYYA S/O. CHANNAVEERAGOUDA SARANGAMATH, AGED ABOUT 59 YEARS, OCC. AGRICULTURE, R/O. GUDDADA DEVALAPUR-584 166, TQ. KUSHTAGI, DIST. KOPPAL.

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HC-KAR

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3. SANGAYYA

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S/O. CHANNAVEERAGOUDA SARANGAMATH, AGED ABOUT 56 YEARS, OCC. AGRICULTURE, R/O. GUDDADA DEVALAPUR-584 166, TQ. KUSHTAGI, DIST. KOPPAL, NOW AT: KARATAGI, RAMANAGAR, TQ. GANGAVATI, DIST. KOPPAL.

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OMPRAKASH

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S/O. CHANNAVEERAGOUDA SARANGAMATH, AGED ABOUT 51 YEARS, OCC. AGRICULTURE, R/O. GUDDADA DEVALAPUR-584 166, TQ. KUSHTAGI, DIST. KOPPAL, NOW AT: BEHIND BASSTAND, JAVALI PLOT, GAJENDRAGAD, TQ. GAJENDRAGAD, DIST. GADAG.

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DR. KARABASANAGOUDA @ SHEKHANNA S/O. BASANAGOUDA SARANGAMATH @ PATIL, AGED ABOUT 61 YEARS, OCC. AGRICULTURE, R/O. MALAGAL BUSTAND (1^ST BUS STOP), NAGARABHAVI, BENGALURU.

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BASAVARAJ @ BABU S/O. CHANNASANGANAGOUDA SARANGAMATH @ PATIL,

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AGED ABOUT 58 YEARS, OCC. ORTHOPEDIC SURGEON, BASAVESHWAR HOSPITAL, R/O. KALABURGI, TQ. AND DIST. KALABURGI.

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DR. VAIJANATH S/O. CHANNASANGANAGOUDA SARANGAMATH @ PATIL,

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AGED ABOUT 56 YEARS, OCC. RETD. SERVICE, R/O. KALABURGI, TQ. AND DIST. KALABURGI.

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KASHINATH S/O. PATTADARAYA SARANGAMATH, AGED ABOUT 56 YEARS, OCC. AGRICULTURE, R/O. GUDDADA DEVALAPUR-584 166, TQ. KUSHTAGI, DIST. KOPPAL.

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SHARANAPPA S/O. KALAKAPPA GUDADUR, AGED ABOUT 56 YEARS, OCC. AGRICULTURE, R/O. GUDADUR-584 166, TQ. KUSHTAGI, DIST. KOPPAL.

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MRUTHUNJAYYA S/O. CHANNABASAPPA SARANGAMATH, AGED ABOUT 24 YEARS, OCC. AGRICULTURE, R/O. GUDDADA DEVALAPUR-584 166, TQ. KUSHTAGI, DIST. KOPPAL.

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VIJAYALAXMI W/O. CHANNABASAYYA HIREMATH, AGED ABOUT 45 YEARS, OCC. AGRICULTURE, R/O. CHALAGERI, NOW AT: GUDDADADEVALAPUR-584 166, TQ. KUSHTAGI, DIST. KOPPAL.

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… RESPONDENTS

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(BY SRI. S.A. SONDUR, ADVOCATE FOR R11; NOTICE TO R1 IS SERVED;

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NOTICE TO R2 TO R10 ARE DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO SET-ASIDE ORDER THE ORDER DATED 18.04.2024 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC, KUSTHAGI, IN O.S. NO.38/2023, ALLOWING THE I.A. NO.III FILED BY THIRD PARTY/RESPONDENT NO.11 UNDER ORDER I RULE 10(2) OF CODE OF CIVIL PROCEDURE TO COME ON RECORD AS DEFENDANT NO.11, PRODUCED AT ANNEXURE-A AND CONSEQUENTLY REJECT THE I.A. NO.III FILED BY THIRD PARTY/RESPONDENT NO.11 UNDER ORDER I RULE 10(2) OF CODE OF CIVIL PROCEDURE TO COME ON RECORD AS DEFENDANT NO.11, PRODUCED AT ANNEXURE-C.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)

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This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner/defendant No.1, assailing the order allowing I.A.No.3 filed under Order I Rule 10 of the Code of Civil Procedure, 1908¹ , by respondent No.11 to come on record as defendant No.11 in O.S.No.38/2023 on the file of Senior Civil Judge, Kusthagi.

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Learned counsel for the petitioner submits that respondent No.11, who has now been allowed to come on record in terms of the impugned order, belongs to a different branch and is not a necessary party to the suit for partition filed by the plaintiffs against defendants No.1 to 10.

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It is further submitted that the parties are intending to settle the dispute, and respondent No.11/defendant No.11, who has no right in the property, is coming in the way of settlement. Thus, she would urge that the application ought not to have been allowed and should have been rejected, as

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1 Hereinafter referred to as the ‘CPC’

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defendant No.11/respondent No.11 is not a member of the family of the plaintiffs and defendants No.1 to 10.

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Learned counsel for respondent No.11/defendant No.11, who is allowed to come on record, would submit that respondent No.11 is the granddaughter of brother of propositus of plaintiffs and defendants No.1 to 10. Thus, it is urged that defendant No.11 is also a necessary party to the suit.

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Assuming that defendant No.11 is the granddaughter of the brother of propositus of the plaintiffs and defendants No.1 to 10, then she should be include all the properties of her grandfather and all members of her grandfather’s family in the claim for partition as defendant No.11.

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It appears that defendant No.11 has not yet made any claim in her application to include all the properties and all the family members of her grandfather.

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This being the position, this Court is of the view that

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defendant No.11 should not be permitted to participate in the

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HC-KAR

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suit for partition in O.S.No.38/2023. However, the rights of defendant No.11/respondent No.11, if any, over the property/ies should not be curtailed in view of the decree to be passed in the present suit in O.S.No.38/2023.

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Hence the following:

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ORDER

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a) The writ petition is allowed.

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b) The order on I.A.No.3 filed under Order I Rule 10 of the CPC in O.S.No.38/2023 on the file of Senior Civil Judge and JMFC, Kushtagi, is quashed.

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c) Respondent No.11/Defendant No.11, the applicant in I.A.No.3, is at liberty to file such suit as advised in law to establish the claim, if any, over the suit schedule property.

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