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NC: 2026:KHC:5354

WP No. 39583 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO. 39583 OF 2025 (GM-CPC)

BETWEEN:

NIKHAT AFREEM

W/O SHAIK ZIYAULLA

D/O MOHAMMED RIYAZ,

AGED ABOUT 27 YEARS,

R/O SHANTHI NAGARA,

PAVAGAA TOWN,

NOW R/O N.18-293, PARAGI ROAD

HINDUPUR TOWN, SATHYA SAI DISTRICT,

ANDRA PRADESH - 515 201.

…PETITIONER

(BY SRI. N.S. BHAT, ADVOCATE)

AND:

Digitally signed

by

SHARADAVANI 1. NARASIMHA REDDY

B

Location: High S/O V.NAGABHUSHAN REDDY,

Court of

AGED ABOUT 47YEARS

Karnataka

R/AT REDDY COLONY,

PAVAGADA TOWN,

PAVAGADA TALUK,

TUMKUR DISTRICT - 561 202.

2. MOHAMMED RIYAZ

S/O MOHAMMED FAZLULLA,

AGED ABOUT 57 YEARS,

CLASS I P.W.D. CONTRACTOR,

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R/AT NEAR M.A.G. BUILDINGS,

TUMKUR ROAD,

PAVAGADA TOWN AND

PAVAGADA TALUK - 561 202.

…RESPONDENTS

THIS WP IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASH AN IMPUGNED

ORDER DATED 17-11-2025 ON I.A.NO.4 INO.S.NO.18/2021

PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC, AT

PAVAGADA AS PER ANNEXURE-E AND CONSEQUENTLY TO

ALLOW I.A. NO.4 UNDER ORDER 1 RULE 10(2) R/W SECTION

151 OF CPC IN O.S.NO.18/2021 AS PRAYED FOR BY THE

PETITIONER AS PER ANNEXURE-C AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

This petition by the impleading applicant in I.A. No. 4

filed in O.S.No.18/2021 is directed against the impugned order

dated 17.11.2025, whereby the said application filed by the

petitioner -impleading applicant under I.A.No.4 under Order I

Rule 10(2) CPC seeking impleadment as defendant No.2 in the

suit was dismissed by the trial Court.

2. A perusal of the material on record will indicate that

the first respondent - Narasimha Reddy instituted suit in O.S.

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No.18/2021 against second respondent - defendant for specific

performance and other reliefs in relation to the suit schedule

immovable property. The petitioner who is none other than the

daughter of the sole defendant, Mohamad Riyaz, filed the

instant application inter area contending that the said Mohamad

Riyaz had gifted the suit schedule property in her favour as

long back as on 10.04.2016 and that she had already filed a

suit against both plaintiff and defendant which is pending in OS

No.23/2023 before the trial Court for declaration, permanent

injunction and other reliefs in relation to the very same suit

schedule property. The said impleadment application filed by

the petitioner having been opposed by the respondents, the

trial Court proceeded to pass the impugned order rejecting the

impleadment application by holding as under -

ORDER ON I.A No.IV

The applicant has filed an application Under Order 1 rule

10(2) R/W Section 151 of C.P.C-IA No.IV and sought to

implead her as defendant No.2, in this suit.

2. In support of the above I.A, the applicant has filed

affidavit and stated that, the plaintiff has filed this suit

against the defendant for Specific performance of

agreement of sale dated 01-12-2017. Her father

Mohammed Riaz, the defendant had executed a Gift deed

dated 10-04-2016 with respect to suit schedule property

measuring 0.25.04.00 guntas in Sy No.15/1A6 of

Pavagada village. Since the date of Gift, she has been in

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possession and enjoyment of the suit property. Her father

had executed a registered agreement of sale dated 01-

12-2017 infavour of plaintiff with respect to suit property,

without her knowledge and consent. The said agreement

of sale is not binding on her right and share in the suit

property. She came to know about the said fact recently

and 12 and permanent injunction, which is pending for

consideration before SEA Suit in O.S.No.23/2023 against

the defendant for Declaration the. Pri Civil Judge and

JMFC, Pavagada. She is the lawful owner and in

possession of the suit schedul