IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 53505 OF 2017 (GM-CPC)

BETWEEN:

SRI. BEDORU MALLAPPA S/O. LATE CHIKKA BYANNA, AGED ABOUT 80 YEARS, OCC: AGRICULTURE, R/AT: KURUBARAPET, SHIDDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT-562 105.

…PETITIONER (BY SRI. G A SRIKANTE GOWDA.,ADVOCATE)

AND:

1. SABJAN SAB S/O. LATE ELEKATTU AJIJ SAB, AGED ABOUT 74 YEARS, Digitally signed by SUMA B N 2. FARAHATHUNNISSA Location: HIGH COURT OF W/O. LATE MAJID, KARNATAKA AGED ABOUT 62 YEARS, 3. PARVIN TAJ D/O. LATE MAJID, AGED ABOUT 43 YEARS, 4. MUBIN TAJ D/O. LATE MAJID, AGED ABOUT 41 YEARS, 5. M. ZABIULLA S/O. LATE MAJID, AGED ABOUT 39 YEARS, 6. SHAMEEM TAJ D/O. LATE MAJID, AGED ABOUT 34 YEARS, 7. M. SAMIULLA S/O. LATE MAJID, AGED ABOUT 32 YEARS, ALL ARE R/AT DIBBURALLI ROAD, AJADNAGAR, NEAR AMIRBABA DARGA, SIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT-562 105.

8. VENKATANARAYANAIAH SINCE DEAD BY LRS

8(a) SMT. KAMALAMMA W/O S.N. VENKATA RATNAIAH AGED ABOUT 62 YEARS OCCUPATION AGRICULTURE R/O BASWESHWARNAGAR BENGALURU.

8(b) SMT. MANJULA W/O V. VASANTHAPPA AGED ABOUT 59 YEARS, OCCUPATION AGRICULTURE R/O RAJAJINAGAR, BENGALURU.

8(c) SMT. VIJALAKSHMI W/O LAKSHMI NARAYANNAPPA AGED ABOUT 57 YEARS OCCUPATION AGRICULTURE R/O RAJAJINAGAR, BENGALURU.

8(d) SRI. V. RAMAKRISHNA S/O LATE VENKATA NARAYANAIAH AGED ABOUT 55 YEARS OCCUPATION AGRICULTURE R/O SHANKARA MATTA ROAD SIDLAGATTA CHIKABALPURA DISTRICT - 562 105.

9. AHAMAD S/O. KHASIM SAB, AGED ABOUT 65 YEARS, R/A SANTOSHNAGAR, SIDLAGHATTA TOWN.

10. HUSAINBI D/O. KHASIMSAB, AGED ABOUT 70 YEARS, R/AT FILATURE QUARTERS, SIDLAGHATTA TOWN.

11. SYED MOULA S/O. LATE SHARFUNNISA, AGED ABOUT 48 YEARS, R/AT MAHABOOBNAGAR, SIDLAGHATTA TOWN.

12. BABU S/O. LATE SHARFUNNISA, AGED ABOUT 34 YEARS, R/AT MAHABOOBNAGAR, SIDLAGHATTA TOWN.

13. MEENA D/O. KHASIM SAB, W/O. AMIN SAB, AGED ABOUT 60 YEARS, R/AT AZADNAGAR, SIDLAGHATTA TOWN.

14. MAHAMOODA D/O. KHASIM SAB, W/O. AMIN SAB, AGED ABOUT 60 YEARS, R/AT AZADNAGAR, SIDLAGHATTA TOWN.

15. DODDA VALIBASHA S/O. LATE ABDUL SATTARSAB, AGED ABOUT 54 YEARS, 16. VALIBASHA S/O. LATE ABDUL SATTARSAB, AGED ABOUT 51 YEARS, 17. GULABJAN D/O. LATE ABDUL SATTARSAB, AGED ABOUT 45 YEARS, R/AT BASAVAPURA VILLAGE, PAPATHIMMANAHALLI POST, CHILAKALANERPU HOBLI, CHINTAMANI TALUK.

18. BABUSAB S/O. LATE ABDUL SATTAR SAB, AGED ABOUT 40 YEARS, 19. SHAMSHAD D/O. LATE ABDUL SATTAR SAB, W/O. MOHIDEENSAB, AGED ABOUT 38 YEARS, 20. SHAHEENA D/O. LATE ABDUL SATTAR SAB, W/O. MAHABOOBSAB, AGED ABOUT 36 YEARS, 21. BEEBIJAN D/O. LATE ABDUL SATTAR SAB, W/O. KHADARSAB, AGED ABOUT 34 YEARS, 22. SHAFI S/O. LATE ABDUL SATTAR SAB, AGED ABOUT 32 YEARS, ALL ARE R/AT BASAVAPURA VILLAGE, PAPATHIMMANAHALLI POST, CHILAKALANERPU HOBLI, CHINTAMANI TALUK.

…RESPONDENTS (BY SRI. JAVEED S., ADVOCATE FOR R2 TO R7;

V/O DATED: 02.03.2018 NOTICE TO R9 TO R22 D/W V/O DATED 17.03.2022 PETITION AGAINST R8 (a TO d)

DISMISSED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS SET ASIDE THE ORDER DATED 09.11.2017 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, SIDLAGHATTA ON IA NO.1 IN FDP NO.22/2013 VIDE ANNEXURE-G AND ETC.

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

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioner who has sought to implead himself as a party-

respondent in final decree proceedings in FDP No.22/2013 is before this Court aggrieved by the rejection of his application filed by him under order 1 Rule 10(2) of CPC.

2. The aforesaid final decree proceedings in FDP No.22/2013 has been initiated by the respondents herein seeking drawing up of final decree pursuant to preliminary decree that was passed in O.S.No.484/1982 which had been filed for relief of partition and separate possession amongst the respondents herein. One of the parties to the said suit in O.S.No.484/1982 is Sri.Venkatanarayanappa (who was defendant No.1 in the said suit). The said suit in O.S.No.48