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2025 DAILYLAW 14386 (KAR)

SRI H MANJAPPA, v. SRI G KRISHNA PRASAD,

WP/2372/2025 · 2025-02-03

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4761 WP No. 2372 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2372 OF 2025 (GM-CPC) BETWEEN: SRI H MANJAPPA S/O. LATE. HANUMANTHAPPA AGED ABOUT 58 YEARS R/AT. JOGIMATTI ROAD 4TH CROSS, PRASHANTH NAGARA CHITRADURGA CITY -577 501. …PETITIONER (BY SRI. V B SIDDARAMAIAH.,ADVOCATE) AND: 1. SRI G KRISHNA PRASAD S/O. GOVINDAPPA AGED ABOUT 44 YEARS R/AT. MADAKARI NAGARA EXTENSION CHALLAKERE TALUK CHITRADUGRA DISTRICT - 577 522. 2. SRI. C.H. JITHENDRA RAO S/O. LATE. GOPALARAO AGED ABOUT 43 YEARS R/AT. AVADANINAGARA HIRIYURU TOWN CHITRADUGRA DISTRICT - 577 598. 3. SRI. A. NAGARAJ S/O. LATE. V. APPAJI AGED ABOUT 43 YEARS R/AT. SOMAGUDDU ROAD Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4761 WP No. 2372 of 2025 JANATHA COLONY DEVARAJ URS LAYOUT CHALLAKERE TOWN CHITRADUGRA DISTRICT - 577 522. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SENIOR CIVIL JUDGE AND JMFC, CHALLAKERE, TO DISPOSE THE I.A. NO.2 FILED BY THE PETITIONER UNDER ORDER 1 RULE 10(2) R/W. SECTION 151 OF CPC FILED ON 16-11-2022, TO IMPLEAD THE RESPONDENT NO.2 AND 3 AS DEFENDANT NO.2 AND 3, FILED IN O.S. NO.40/2022, VIDE ANNEXURE-H, WITHIN THE STIPULATED TIME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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, seeking a direction from this Court to the Senior Civil Judge and JMFC, Challakere to dispose of I.A.No.2 filed by the petitioner under Order I Rule 10(2) read with Section 151 of CPC. - 3 - NC: 2025:KHC:4761 WP No. 2372 of 2025 2. Since the petitioner is only seeking a direction to dispose of the said application, service of notice to the respondents is not necessary. 3. The plaintiff has filed a suit for specific performance of contract. 4. After service of summons, defendant No.1 filed a written statement and has taken a contention that he has sold the property to the proposed defendants. Hence, the plaintiff filed I.A.No.2 on 16.11.2022 to implead proposed defendants as additional respondents. As of today, the application is yet to be decided. Therefore, the petitioner seeks a direction from this Court to the trial Court to dispose of I.A.No.2. 5. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 6. The Senior Civil Judge and JMFC, Challakere is directed to dispose of I.A.No.2 filed by the petitioner under - 4 - NC: 2025:KHC:4761 WP No. 2372 of 2025 Order I Rule 10(2) read with Section 151 of CPC as expeditiously as possible, not later than March 31st 2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 5