- 1 - NC: 2025:KHC:9387 WP No. 2514 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2514 OF 2025 (GM-CPC) BETWEEN: SRI LOKESH G S/O SRI GAVIYAPPA AGED ABOUT 55 YEARS R/AT BHANDARAHALLI BDAVANE BHADRAVATHI SHIVAMOGGA DISTRICT-377301. …PETITIONER (BY SRI. MADHUKESHWARA R P., ADVOCATE) AND: 1. SRI SANDEEP L S/O LOKESH G AGED ABOUT 31 YEARS R/AT KADADAKATTE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577451. 2. SRI. SANTHOSH L S/O LOKESH G AGED ABOUT 27 YEARS R/AT BHANDARAHALLI BADAVANE BHADRAVATHI SHIVAMOGGA DISTRICT-577301. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.12.2024 PASSED IN OS NO.185/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9387 WP No. 2514 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 13.12.2024 passed by the Principal Senior Civil Judge & JMFC, Bhadravathi on I.A.No.9 filed under Order I Rule 10(2) read with Section 151 of CPC in O.S.No.185/2021, whereby the Trial Court has allowed the said application. 2. The plaintiff filed the suit for partition and separate possession. When the matter was posted for evidence, respondent No.1 herein, who is the son of the plaintiff, filed I.A.No.9 under Order I Rule 10(2) of the CPC, seeking for impleading him as proposed defendant in the suit on the ground that he also has a share in the suit schedule property. The petitioner-plaintiff has denied the impleadment of the applicant as a proposed defendant on the ground that the proposed defendant has not invested any money in purchasing the property. - 3 - NC: 2025:KHC:9387 WP No. 2514 of 2025 3. Be that as it may, at this stage, the Court cannot decide whether the applicant has transferred the money, which was earlier borrowed from the plaintiff or not and whether he has invested in purchasing the property or not?. The same has to be decided only at the time of full fledged trial. 4. Therefore, the trial Court has rightly allowed the application. There is no error or illegality in the order passed by the trial Court. The writ petition is devoid of merits. 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 21