- 1 - NC: 2025:KHC:4676 WP No. 1161 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1161 OF 2025 (GM-CPC) BETWEEN: SMT. R. UMAVATHI, W/O V NARAYANA, AGED ABOUT 64 YEARS, RESIDING AT NO 632, SATYANARAYANA NILAYA, OPPOSITE BHARATHI THEATRE, BEHIND RAMAIAH COMPLEX, T DASARAHALLI, BENGALURU 560057 …PETITIONER (BY SRI. SUBRAMANYA R., ADVOCATE) AND: 1. SMT. S. SHILPA W/O SRI HARISHKUMAR AGED ABOUT 30 YEARS R/A NO 403, 17TH CROSS, BEML LAYOUT, BASAVESHWARANAGAR, BENGALURU 560079 2. S MURALIKRISHNA S/O LATE R SHIVASHANKAR, AGED ABOUT 38 YEARS, R/A NO 403, 17TH CROSS, BEML LAYOUT, BASAVESHWARANAGAR, BENGALURU 560079 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4676 WP No. 1161 of 2025 3. SMT LAKSHMI W/O LATE R SHIVASHANKAR, AGED ABOUT 42 YEARS R/A NO 8, 1ST MAIN ROAD, KRISHNAPPA BUILDING, KAREKALLU, KAMAKSHIPALYA, BENGALURU 560079 …RESPONDENTS (BY SMT. SAFRINA BEGUM, ADVOCATE FOR SRI. R. KOTHWAL, ADVOCATE FOR C/R1 SRI. J.M. RAJANNA SHETTY, ADVOCATE FOR R2 SRI. ARVIND N, ADVOCATE FOR SRI. MOHAN KUMAR D, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS PASSED ON I.A.NO.12 FILED UNDER ORDER 1 RULE 10(2) CPC ON 13.01.2025 IN O.S.NO. 5737/2019 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-27) BENGALURU VIDE ANNX-A AND TO ALLOW THE I.A.NO.12. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:S CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the impleading applicant under Article 227 of the Constitution of India, challenging the order dated 13.01.2025 passed by the XII City Civil and Sessions Judge (CCH No.27), Bengaluru, whereby IA - 3 - NC: 2025:KHC:4676 WP No. 1161 of 2025 No.XII filed by the petitioner for impleading, in O.S.No.5737/2019 has been rejected. 2. O.S.No.5737/2019 is filed by respondent No.1 herein for partition and separate possession. In the application, she has included six items of the property. The petitioner/impleading applicant is claiming rights in Item No.5 of the suit schedule property on the basis of the agreement of sale dated 17.02.2010. The petitioner herein also filed a suit for specific performance in O.S.No.9118/ 2024 for specific performance of the agreement dated 17.02.2010. Hence, the petitioner filed an application to implead herself as a party in O.S.No.5737/2019. That application came to be dismissed. Hence, the petitioner is before this Court. 3. Learned counsel appearing for respondent No.3 herein, who is defendant No.2 in O.S.No.5737/2019 and plaintiff in O.S.No.5335/2014 has contended that on an earlier occasion, there is a direction by this Court to dispose of the suit before 16th February 2025. The - 4 - NC: 2025:KHC:4676 WP No. 1161 of 2025 impleading applicant filed this application to drag the matter. Even though she was aware of pending proceedings, she has filed this application at the time when the matter was posted for evidence. The trial court has rightly rejected the application. 4. Heard the learned counsel for the parties and perused the writ papers. 5. It is not in dispute that the impleading applicant has filed O.S.No.9118/2024 for specific performance of the contract dated 17.02.2010 in respect of item No.5 in O.S.No.5737/2019. The petitioner is also sister of plaintiff’s father and she is interested in suit item No.5 and filed O.S.No.7256/2016 for partition in respect of item Nos.1 to 4. Therefore, the petitioner is a necessary and proper party in O.S.No.5737/2019. The trial court erred in dismissing the application filed by the petitioner for impleading. - 5 - NC: 2025:KHC:4676 WP No. 1161 of 2025 6. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 13.01.2025 passed on IA No.12 in O.S.No.5737/2019 by the XII Additional City Civil & Sessions Judge (CCH- 27), Bengaluru is set aside. (iii) IA No.12 filed by the petitioner herein in O.S.No.5737/2019 is allowed. (iv) The petitioner shall file the written statement in O.S.No.5737/2019 on or before 15.02.2025. No further adjournment time shall be granted to the petitioner to file the written statement. (v) It is made clear that whenever the matter is posted for the evidence of the petitioner, she shall not take any time on the date fixed by the trial court, she has to complete her chief examination and also make herself available - 6 - NC: 2025:KHC:4676 WP No. 1161 of 2025 for the cross-examination on the dates to be fixed by the trial court. (vi) The trial court is directed to dispose of the matter as expeditiously as possible, not later than end of June 2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 55