- 1 - NC: 2025:KHC:5723 WP No. 317 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 317 OF 2024 (GM-CPC) BETWEEN: 1. SRI V ANANDA MURTHY S/O VENKATAPPA AGED ABOUT 61 YEARS ANDARLAHALLI VILLAGE NANDI HOBLI CHICKABALLAPURA TALUK CHICKABALLAPURA DISTRICT-562101. 2. SRI CHANDRASHEKAR S/O CHIKKA KRISHNA REDDY AGED ABOUT 69 YEARS KORENAHALLI VILLAGE MANDIKAL HOBLI CHICKABALLAPURA TALUK CHICKABALLAPURA DISTRICT-562101 …PETITIONERS (BY SRI. L NARASIMHA MURTHY, ADVOCATE FOR SRI. DEVENDRA N.,ADVOCATE) AND: 1. DR G V MANJUNATHA S/O LATE G C. VENKATARAVANAPPA AGED ABOUT 68 YEARS 2. SMT. DR.P. SAVITHRI W/O DR. G.V. MANJUANTHA AGED ABOUT 65 YEARS BOTH ARE R/AT NO. 87/4 NEAR MANJUNATHA HOSPITAL Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5723 WP No. 317 of 2024 WARD NO.25, CHICKABALLAPURA CITY CHICKBALLAPUR -562101 ANDHRA PRADESH-524001. 3. SRI NAGENDRA P. W/O LATE MALLUR PUTTANNA AGED ABOUT 57 YEARS R/AT 49/1B, 401, B BLOCK ARGE HILIYAS APARTMENT BHAGALUR ROAD, GUBBI CROSS, NEXT BIOJIN KOTHANURU BENGALURU-560077 …RESPONDENTS (BY SRI.JAGADISH, ADVOCATE FOR R3: NOTICE TO R1 & R2 ARE DISPENSED WITH V/O DATED: 04.01.2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21/12/2023 PASSED ON I.A. NO. 5 / IMPLEADING APPLICATION UNDER ORDER 1 RULE 10(2) OF THE CPC FILED IN O.S. NO. 249/2022 ON THE FILE OF THE II ADDL. SR. CIVIL JUDGE AND JMFC, CHICKABALLAPUR (ANNEXURE-F) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ’B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, challenging the order dated 21.12.2023 passed by the II Additional Senior Civil - 3 - NC: 2025:KHC:5723 WP No. 317 of 2024 Judge and JMFC, Chikkaballapura in O.S.No.249/2022, whereby IA filed the respondent No.3 herein was allowed. 2. The plaintiffs filed a suit for specific performance of the contract dated 05.06.2020 executed by defendant Nos. 1 and 2. During the pendency of the suit, impleading applicant - respondent No.3 herein filed an application under Order I Rule 10 of CPC. The trial court allowed the application. Being aggrieved by the same, the plaintiffs are before this Court. 3. The impleading applicant claims that he paid Rs.20,00,000/- (rupees twenty lakhs only) to the plaintiffs and the plaintiffs have assured that agreement will be executed in favour of the impleading applicant. The plaintiffs have played a fraud. Therefore, the impleading applicant has already filed a suit in O.S.No.231/2020 before the II Additional Civil Judge and JMFC, Chikkaballapur. He can agitate his rights in the suit filed by him. He is not a necessary party in O.S.No.249/2022. - 4 - NC: 2025:KHC:5723 WP No. 317 of 2024 Therefore, the trial court has erred in allowing the application. 4. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 21.12.2023 passed by the II Additional Senior Civil Judge and JMFC, Chikkaballapura on IA No.5 in O.S.No.249/ 2022 is set aside. (iii) It is made clear that this order will not come in the way of the impleading applicant filing an application for clubbing both the suits, in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 49