IN THE HIGH COURT OF KARNATAKA AT BENGALURU

PRESENTATION FORM
W.P.NO. /2024 (GM-CPC)
SERIAL NO. TUMAKURU DISTRICT
ADVOCATE : BETWEEN

Jyothi S Kempegoudar, S GURUBASAPPA

No.48, 1st Main, 3rd Cross, 1st Block,
VS
R.M.V 2 nd
Stage, Dollars Colony,
S.S SOMASHEKAR SINCE
Bengaluru – 560 001.
DEAD BY HIS LRS &
PH :9916109926 OTHERS
EMAIL:
[email protected]

SL. DESCRIPTION OF PAPER COURT FEE

PRESENTED
NO
.
1. On Memorandum Of Writ Petition
2.

NUMBER OF COPIES FURNISHED OTHER SIDE SERVED

Presented by:
Jyothi S Kempegoudar

Advocate for petitioner

Advocate’s clerk Received paper as above

Date : .11.2024 - Bengaluru Receiving clerk

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

W.P NO. /2024

BETWEEN:
S GURUBASAPPA … PETITIONER

AND
S.S SOMASHEKAR SINCE DEAD
BY HIS LRS & OTHERS … RESPONDENTS

INDEX

SL. DESCRIPTION PAGES

NO
.
1 Synopsis

2 Memorandum of writ petition

3 Verifying affidavit

4 Annexure A : Copy of order 01.08.2024

5 Annexure B: Copy of the Plaint in O.S No. 92/2019

6 Annexure C: Copy of the written statement D1 to 3

7 Annexure C1: Copy of the written statement D 4 to

6
8 Annexure D : Copy IA No.2 by Petitioner

9 Annexure E: Copy of Objections to IA No.2

10 Annexure F : Copy of Jamabandi of wet and Dry,

Coffee etc for 1948-53

11 Annexure F1 : Copy of Jamabandi of wet and Dry,

Coffee etc for 1970-71
 3

12 Vakalath

BENGALURU ADVOCATE FOR PETITIONER

DATE: Jyothi S Kempegoudar
IN THE HIGH COU RT OF KARNATAKA AT BENGALURU

W.P NO. /2024

BETWEEN:

S GURUBASAPPA … PETITIONER

AND
S.S SOMASHEKAR SINCE DEAD
BY HIS LRS & OTHERS … RESPONDENTS

LIST OF DATES AND EVENTS

DATES EVENTS

16.07.201 The Respondent No.1 instituted original suit in O.S

9 No. 92/2019 seeking for partition and separate
possession of Suit Schedule Properties which even
includes ancestral properties of the Petitioner who
is impleading applicant to be impleaded as
Defendant No.11

31.10.201 Upon receipt of summons, the Defendant 1 to 3 and

9& Defendant No.4 to 6 filed their respective written
23.01.202 statements.
0
29.11.202 Upon learning the said suit being instituted which
2 include the Petitioner’s ancestral properties the
Petitioner prefers an application IA No.2 u/ 0 1 r 10
of CPC seeking to implead himself as Defendant
No.12

28.03.202 The Respondent No.1 filed their objections to the

3 said IA No.2

01.08.202 Upon hearing on the application, the Learned Trial

 4

4 court rejected the IA No.2 filed by the Petitioner

vide its order dt. 01.08.2024

NIL The Petitioner being aggrieved by the impugned

order dt. 01.08.2024 passed by the Learned Trial
Court in O.S No. 92/2019 on the file Sr. Civil Judge &
JMFC, Somarwarpet, prefers this writ petition.

SYNOPSIS

1. The Respondent No.1 filed an original suit bearing O.S No.

92/2019 on 16.07.2019 seeking partition and separate
possession of a Suit Schedule Properties which even includes
the ancestral properties of the Petitioner.

2. Upon receipt of summons, the Defendant 1 to 3 filed their

written statement on 31.10.2019 and Defendant No.4 to 6
filed their written statement on 23.01.2020. Upon learning
the said suit being instituted which includes the Petitioner’s
ancestral properties the Petitioner prefers an application IA
No.2 u/ 0 1 r 10 of CPC seeking to implead himself as
Defendant No.12 on 29.11.2022 The Respondent No.1 filed
their objections to the said IA No.2 on 28.03.2023.

3. Upon hearing on the application, the Learned Trial court

rejected the IA No.2 filed by the Petitioner vide its order dt.
01.08.2024.

4. The Petitioner being aggrieved by the impugned order dt.

01.08.2024 passed by the Learned Trial Court in O.S No.
 5

92/2019 on the file Sr. Civil Judge & JMFC, Somarwarpet,

prefers this writ petition.

BENGALURU ADVOCATE FOR PETITIONER

DATE: Jyothi S Kempegoudar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

(SUPERVISORY JURISDICTION)

W.P NO. /2024

RANK OF THE PARTIES

BETWEEN: TRIAL COURT THIS COURT

S GURUBASAPPA IMPLEADING PETITIONER

AGED ABOUT 57 YEARS APPLICANT - D12
S/O LATE SHANTHAPPA
SHIRANGALA
VILLAGE,HANDL POST
KODLIPET HOBLI
SOMWARPETE- TALUK
KODAGU DISTRICT-
571231

AND

S.S.SOMASHEKAR, PLAINTIFF NIL

AGED 61 YEARS
S/O LATE.S.N. SIDDAPPA

SINCE DEAD BY HIS LRS

1 INDIRA PLAINTIFF RESPONDENT

W/O LATE S.S SOMASHEKAR NO.1
AGED ABOUT 56 YEARS
SHIRANGALA VILLAGE,HANDL
POST
KODLIPET HOBLI
SOMWARPETE- TALUK
KODAGU DISTRICT- 571231
 7

MEENAKSHI DEFENDANT NIL

AGED ABOUT 67 YEARS NO.1
D/O.LATE.S.N.SIDDAPPA &
W/O.PUTTAPPA

SINCE DEAD BY HER LRS

2 SHEELA DEFENDANT RESPONDENT

D/O.LATE.S.N.SIDDAPPA & NO.1 (A) NO.2
MEENAKSHI
W/O.CHANDRASHEKAR AGED
ABOUT 51 YEARS,
TAMAGANAHALLI,
SHETTIHALLI, HASSAN-
562160

3 BABY S.P DEFENDANT RESPONDENT

D/O.LATE.S.N.SIDDAPPA & NO. 1(B) NO.3
MEENAKSHI W/O.PUTTARAJU
B.S
AGED ABOUT 49 YEARS,
#12, 2ND VROSS,
VIDYANAGAR,
T.DASARAHALLI, BENGALURU
NORTH, BENGALURU -
560057.

4 KUMAR DEFENDANT RESPONDENT

S/O.LATE.S.N.SIDDAPPA & NO.1(C ) NO.4
MEENAKSHI
AGED ABOUT 47 YEARS,
#104, 4TH CROSS, 1ST MAIN,
KRISHNAPA GARDEN,
K.S.TOWN, NEAR
MULUKATTAMMA TEMPLE,
BENGALURU SOUTH,
BENGALURU -560060

5 LALITHA @ KAMALA DEFENDANT RESPONDENT

D/O.LATE.S.N.SIDDAPPA NO.2 NO.5
&W/O.M.M.DODDAPPAS,
AGED ABOUT 66 YEARS
 8

R/A.MULLUR VILLAGE, NIDTHA

POST, SHANIVARSANTHE
HOBLI, SOMWARPET TALUK,
KODAGU DISTRICT.- 571235

6 LEELAVATHI @ NAGAMMA DEFENDANT RESPONDENT

D/O.LATE.S.N.SIDDAPPA NO.3 NO.6
& W/O.PARASHIVAMURTHY,
AGED ABOUT 65 YEARS
R/A.BEDAGIKOPPA VILLAGE,
MAGGE POST,
KENCHAMMANAHOSAKOTE
HOBLI, ALUR TALUK, HASSAN
DISTRICT- 573129

7 BHAGYAMMA DEFENDANT RESPONDENT

W/O.LATE.DEVARAJ NO.4 NO.7
AGED ABOUT 61 YEARS

8 RAMESHA DEFENDANT RESPONDENT

S/O LATE. DEVARAJ NO.5 NO.8
AGED ABOUT 44 YEARS

9 VISHVANATH DEFENDANT RESPONDENT

AGED ABOUT 42 YEARS NO.6 NO.9
S/O LATE. DEVARAJ,

SL.NO NO.7 TO 9 ARE R/A.SHIRANGALA VILLAGE, KODLIPET

HOBALI, SOMWARPET TALUK, KODAGU DISTRICT.-571231

10 SIDDAMMA DEFENDANT RESPONDENT

D/O.LATE.S.N.SIDDAPPA & NO.7 NO.10
W/O.MAHADEVAPPA,
AGED ABOUT 52 YEARS
R/A.SHIRANGALA VILLAGE,
KODLIPET HOBALI,
SOMWARPET TALUK, KODAGU
DISTRICT.,
11 GANGADHARA DEFENDANT RESPONDENT
 9

S/O.LATE.S.N.SIDDAPPA NO.8 NO.11

AGED ABOUT 50 YEARS
R/A.SHIRANGAL VILLAGE,
KODLIPET HOBALI,
SOMWARPET TALUK, KODAGU
DISTRICT.-571231

12 USHA @ NANJAMMA DEFENDANT RESPONDENT

D/O.LATE.S.N.SIDDAPPA NO.9 NO.12
& W/O.UDAY,
AGED ABOUT 47 YEARS
R/A.RATHABEEDI,
KUDUMANGALORE,
KUSHALNAGAR HOBALI,
SOMWARPET TALUK, KODAGU
DISTRICT-571234

MEMORANDUM OF WRIT PETITION UNDER ARTICLE 227

OF CONTITUATION OF INDIA.

The Petitioner above named state as follows:

1. The Petitioner being aggrieved by the impugned order dt.

02.07.2024, passed, by Sr.Civil Judge & JMFC, Somwarpete in
O. S No.92/2019, rejecting the application No.2 filed under O
1 R 10 of CPC to implead the Petitioner as Defendant No.12
prefers this writ petition. The Copy of the said order
produced here with and marked as Annexure A.

Brief facts of the case :

2. The Petitioner/Plaintiff instituted the Original Suit bearing O.S

92/2019 before the Sr. Civil Judge and JMFC, Somwarpete
seeking for partition and separate possession of the 21 items
 10

of the suit schedule properties which includes the

Petitioner’s ancestral properties .

3. The averments of the Plaint are as follows : The Plaintiff and

Defendant No.1 are the children of Late S.M Siddappa
through his first wife Smt.Mallamma. The Husband of the
Defendant No.4 and father of the Defendant No.5 and 6
namely Devraj and Defendants No.7 to9 are children of Late
S.M Siddappa though his second wife Smt.Late Puttamma.
The Plaintiffs and Defendants belong to Hindu undivided
Family. The suit schedule properties having Item No.1 to 21
are in joint possession of Plaintiff and Defendants. Thus
Plaintiff seeking partition of the suit Schedule properties by
meets and bounds there by allotting 1/8 th share and separate
possession. During the course of the pendency of the suit,
the Plaintiff and Defendant No.1 died. Thus upon death of the
Plaintiff and Defendant No.1, the Lrs were brought on record
and accordingly amended copy of the plaint has been filed.
The Copy of the Plaint is produced herewith and marked as
Annexure B.

4. It is submitted that, upon receipt of summons, the Defendant

1 to 3 filed their written statement on 31.10.2019 and
Defendant No.4 to 6 filed their written statement on
23.01.2020 along with their counter claim. The Copy of the
written statements of D1 to 3 and D4 to 6 produced herewith
and marked as Annexure C and C1 respectively.
 11

5. It is submitted that, Upon learning the said suit being

instituted which includes the Petitioner’s ancestral
properties, the Petitioner files an application IA No.2 u/ 0 1 r
10 of CPC seeking to implead himself as Defendant No.12 on
29.11.2022 as he is necessary party to the Said suit. The
Respondent No.1 filed their objections to the said IA No.2 on
28.03.2023. The copy of the IA No.2 and the objections to IA
is produced herewith and marked as Annexure D and E
respectively.

6. It is submitted that, Item No.6 (Sy. No. 21/1) and Item No.10
(Sy. No. 35) of the Suit Schedule Properties belongs to the
Petitioner’s ancestors. Accordingly, the name of the
Petitioner’s father, Shanathappa, appears in connection with
these survey numbers (Sy. Nos. 35 and 21/1) in the
document titled "Jamabandi of Wet and Dry, Coffee, etc."
which is produced herewith and marked as Annexures F
and F1, respectively.

7. It is submitted that due to typographical and oversight

errors, there was a mistake in the survey numbers
mentioned in the affidavit filed along with the Petitioner’s IA.
Instead of correctly stating Sy. No. 35 measuring 1.96 cents
and Sy. No. 21/1 measuring 1.10 cents, only Sy. No. 21/1
was mentioned. The RTC still reflects the entire 3.73 cents in
the name of the Petitioner’s father; however, the Petitioner
possesses only 1.96 cents by virtue of partition. The
Plaintiff's claim is based on the family tree of the late
Siddappa, who was the Petitioner’s paternal uncle.
 12

8. It is submitted that, upon hearing on the application, the

Learned Trial court rejected the IA No.2 filed by the
Petitioner vide its order dt. 01.08.2024 observing that there
are no document produced with support of the claim of the
Petitioner.

9. The Petitioner being aggrieved by the impugned order dt.

01.08.2024 passed by the Learned Trial Court in O.S No.
92/2019 on the file Sr. Civil Judge & JMFC, Somwarpet,
having left with no other alternative and efficacious remedy
approached this Hon’ble Court under article 227 of
constitution of India prefers this writ petition on the following
amongst other grounds.

10. The Petitioner submit that, the Petitioner have not

preferred any other writ petition /suit/Petition on the same
cause of action.
Grounds

11. The Learned Trial Court erred both on law and on facts in
not considering the prima facie case of the Petitioner. That
the impugned order passed by the Learned Trial court is
erroneous and unsustainable.

12. The Learned Trial Court erred in rejecting the Petitioner’s

application under Order 1 Rule 10 of the CPC. The Petitioner
is a necessary party, as Item No.6 (Sy. No. 21/1) and Item
No.10 (Sy. No. 35) of the suit schedule properties are
ancestral properties belonging to the Petitioner’s family, with
 13

the name of his father, Shanathappa, recorded in the

relevant revenue documents. The exclusion of the Petitioner
would result in a flawed adjudication on partition of ancestral
property.

13. It is submitted that the Petitioner submitted Annexures F

and F1, which reflect his father’s name in connection with
the survey numbers at issue. These documents substantiate
the Petitioner’s claim as a rightful co-owner in the Hindu
Undivided Family property and demonstrate his legitimate
interest in the suit schedule properties.

14. It is submitted that, the Petitioner has a vested interest in

the suit schedule properties as two Items are part of his
ancestral estate. Excluding him from the suit violates his
right to ancestral property under Hindu law. The inclusion of
the Petitioner as a defendant would contribute to a
comprehensive resolution among all interested parties and
avoid multiplicity of proceedings.

15. It is submitted that, excluding the Petitioner as a

necessary party would prejudice his right to the ancestral
property. The Learned Trial Court’s order affects the
Petitioner’s right to his ancestral share, warranting
intervention by this Hon'ble Court.

16. It is submitted that, the intervention of this Hon’ble court

is essential to prevent further harm and ensure the
protection of her rights over the Suit Schedule Property.

Grounds for interim Relief:

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17. The Petitioner is the necessary party to the Original Suit as

he is having right over his ancestral properties in Item No.56
and 10 in the Suit Schedule Properties. If the proceedings in
the suit continued without making the Petitioner as the
necessary party, the any order in the absence of the
Petitioner would jeopardise the right of the Petitioner.
Therefore, it is crucial to stay the proceedings until the final
disposal of this writ petition.

PRAYER

WHEREFORE, the Petitioner pray that this Hon'ble Court may be

pleased to:

(a) Issue a writ of certiorari by setting aside the

impugned order dt.01.08.2024 at Annexure A passed by
the learned Sr.Civil Judge and JMFC, Somwarpete in O. S
No.92/2019 and allow the application IA No.2 of the
Petitioner.

(b) Pass such other relief/s as this Hon’ble Court

deems fit & proper in the interest of justice & equity.

INTERIM RELIEF

Pending disposal of the above petition, the Petitioner prays that

this Hon’ble court may be pleased to grant an ad interim stay of
 15

proceedings of the O.S No.92/2019 on the file of Sr. Civil Judge

and JMFC, Somwarpete, in the interest of justice and equity.

BENGALURU ADVOCATE FOR PETITIONER

DATE: 2024 Jyothi S Kempegoudar

ADDRESS FOR SERVICE:

Jyothi S Kempegoudar,
No.48, 1st Main, 3rd Cross, 1st Block,
R.M.V 2nd Stage, Dollars Colony,
Bengaluru – 560 094
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

W.P NO. /2024
BETWEEN:
S GURUBASAPPA … PETITIONER

AND
S.S SOMASHEKAR SINCE DEAD
BY HIS LRS & OTHERS … RESPONDENTS

VERIFYING AFFIDAVIT
I, S Gurubasappa, Aged about 57 years, S/o Late Shanthappa,
residing at Shrirangala Village, Handi Post, Kodalipet Hobli,
Somwarpete- Taluk, Kodagu - District now at Bengaluru , do
hereby solemnly affirm & state on oath as follows:

1) I am the Petitioner in the above matter. I know the facts of

the case and hence deposing hereto on behalf of other
Appellants who are my brother.

2) The averments made at Paras 1 to …. of the

accompanying Petition are true & correct to the best of my
knowledge, information, faith & belief.

3) The documents produced at Annexures-A to F are

Certified copies and F1 is the true copy of the originals.

What is stated hereinabove is true & correct.

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IDENTIFIED BY ME

ADVOCATE
BENGALURU
DATE: DEPONENT