Rathnamma Vs Chandrakala

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH ANNEXURE-D THE ORDER DATED 05.02.2026 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE & JMFC, CHIKKABALLAPURA ON IA NO. 5 IN RA NO. 69/2016 AND ALLOW IA NO. 5 FILED BY THE PETITIONER AS PRAYED FOR AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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3 - NC: 2026:KHC:13997 WP No. 7372 of 2026

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HC-KAR

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ORAL ORDER

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In this writ petition, the petitioner has called in question the order dated 05.02.2026 passed by the I Addl. Senior Civil Judge & JMFC, Chikkaballapura on I.A.No.5 filed under Order I Rule 10(2) of CPC, in R.A.No.69/2016.

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For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit.

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Plaintiff has filed a suit O.S.No.620/2014 for declaration and injunction. The suit was dismissed vide judgment and decree dated 10.02.2016. Aggrieved by the said judgment and decree, the plaintiff filed R.A.No.69/2016 before the I Addl. Senior Civil Judge & JMFC, Chikkaballapura. The said regular appeal came to be dismissed vide judgment dated 09.08.2018. Challenging the same, the plaintiff filed RSA No.2288/2018 before this Court. This Court, by judgment dated 15.10.2025, allowed the appeal and remanded the matter back to the First Appellate Court. During the pendency of R.A.No.69/2016, the petitioner herein filed I.A.No.5 under Order I Rule 10(2) of CPC for impleading himself as a party to the regular appeal on the ground that he has filed Form No.57 before the Tahsildar under

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HC-KAR

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the Karnataka Land Revenue Act, 1964 and hence, he is a necessary party to the appeal. The First Appellate Court by impugned order dated 05.02.2026 has dismissed the said application. Being aggrieved by the impugned order dated 05.02.2026, the present petition is filed.

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The Form No.57 filed by the petitioner before the Tahsildar under the Karnataka Land Revenue Act, 1964, has been dismissed by the competent authority by order dated 19.07.2023. Hence, he has no locus to seek for impleadment in the regular appeal and he also is not a necessary and proper party in the suit. Hence, the application filed by the petitioner has been rightly dismissed by the First Appellate Court.

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