IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107201 OF 2024 (GM-CPC)

BETWEEN:

SHRI VIKRAMSINH S/O. PUNDALIKRAO KADAM PATIL, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. KOWAD ROAD, UCHAGAON TAL AND DIST: BELAGAVI-591128.

…PETITIONER (BY SRI. SHARAD M. PATIL, ADVOCATE)

AND:

1. SHRI PUNDALIKRAO LAXMANRAO KADAM PATIL, AGE: 71 YEARS, OCC: AGRICULTURE, R/O. UCHGAON TAL AND DIST: BELAGAVI-591128.

2. SHRI VILAS YALLAPPA YALLANNACHE, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. RAJARAM GALLI, HONAGA VILLAGE, TAL: AND DIST: BELAGAVI-591113.

GIRIJA A 3. SHRI PRASHANT BHAIRU YALLANNACHE, BYAHATTI AGE: 52 YEARS, OCC: AGRICULTURE, R/O. RAJARAM GALLI, HONAGA VILLAGE, Location: HIGH COURT OF TAL: AND DIST: BELAGAVI-591113.

KARNATAKA DHARWAD …RESPONDENTS BENCH (NOTICE TO RESPONDENTS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 30/07/2024 PASSED BY THE HON’BLE VI ADDL. CIVIL JUDGE AND JMFC, BELAGAVI IN O.S.NO.1176/2022 VIDE ANNEXURE-E; ISSUE ANY OTHER WRIT, ORDER OR DIRECTION TO WHICH THE PLAINTIFF IS FOUND ENTITLED TO IN THE PRESENT FACTS AND CIRCUMSTANCES.

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

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1. The petitioner is before this Court seeking for the following reliefs:

a) issue a writ of certiorari and quash the impugned order dated 30/07/2024 passed by the Hon’ble VI Addl. Civil Judge and JMFC, Belagavi in O.S.No.1176/2022 vide Annexure-

E.

b) issue any other writ, order or direction to which the plaintiff is found entitled to in the present facts and circumstances.

2. Notice to respondents is dispensed with in view of the proposed order to be passed.

3. A suit for permanent injunction is filed by respondent No.1 against respondents No.2 and 3. During the pendency of the said suit, the plaintiff executed a gift deed in favour of the petitioner herein, who is his son. In that view of the matter, the petitioner filed an application under Order I Rule 10 of the Code of Civil Procedure, to implead himself in the said suit as a party plaintiff No.2. The said application came to be rejected vide the impugned order dated 30.07.2024. It is challenging the same, the petitioner is before this Court.

4. The submission of Sri. S. M. Patil, learned counsel for the petitioner is that, a gift deed having been executed in favour of the petitioner, the petitioner has interest in the property and as such, can be continued with the suit.

5. I am unable to agree to the submission made by the counsel for the petitioner, inasmuch as the suit is only one for permanent injunction, where the cause of action pleaded by the original plaintiff is that the defendants sought to interfere with the possession of the original plaintiff on 03.10.2022. As on that date there is no gift deed executed in favour of the petitioner herein nor was any interference made with the possession of the plaintiff, it is not that the petitioner has come on record as a legal representative of the original plaintiff, the petitioner has set up a separate and distinct title hence, that cause of action which has been pleaded in O.S.No.1176/2022 will not enure to the benefit of the petitioner. As such, the petitioner cannot be impleaded as party plaintiff in the said suit. If at all the plaintiff is in possession and there is any interference with the possession of the petitioner, the petitioner could always file a fresh suit on the fresh cause of action.

6. Reserving such liberty, the petition stands disposed of.

Sd/-

(SURAJ GOVINDARAJ)

JUDGE gab CT-MCK List No.: 1 Sl No.: 14