- 1 - NC: 2025:KHC:12141 WP No. 4875 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4875 OF 2025 (GM-CPC) BETWEEN: SRI. B SHANKAR S/O LATE C. BORANNA AGED ABOUT 48 YEARS R/AT NO.10/11, 18TH MAIN RAJAJINAGAR. 5TH BLOCK JEDARAHALLI BANGALORE 560 010. …PETITIONER (BY SRI. SHRIDHARA K., ADVOCATE) AND: 1. SMT. NAGAMMA W/O LATE KARIYANNA AGED ABOUT 48 YEARS 2. SRI. JAGANNATH. S/O LATE KARIYANNA AGED ABOUT 28 YEARS 3. SRI. PRASAD.K. S/O LATE KARIYANNA AGED ABOUT 26 YEARS R1 TO R3 ARE R/AT KODIPALYA CHUDENAPURA POST VIDYAPEETHA ROAD KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE-560 060. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12141 WP No. 4875 of 2025 4. SRI MUNIRAMAIAH AGED ABOUT 30 YEARS S/O LATE CHIKKAMARIYAPPA. R/AT KODIPLYA VIDYAPEETHA ROAD KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE-560 060. 5. SMT. VAJRAMMA. AGED ABOUT 48 YEARS W/O SRI. MARINSWAMAPPA R/AT KODIPLYA, VIDYAPEETHA ROAD BANGALORE SOUTH TALUK KENGERI HOBLI, BANGALORE-560060. 6. SMT. HEMAVATHI. AGED ABOUT 30 YEARS W/OF VENKATA SWAMY R/AT THALAGATTAPURA JYOTHI FORUM. KODIPLYA BANGALORE SOUTH TALUK-560109. 7. SMT. LAKSHMIDEVI. AGED ABOUT 28 YEARS W/O DEVARAJ D/O MARISWAMAPPA R/AT KAMAKSHIPALYA. KAVERIPURA. MAGADI MAIN ROAD BANGALORE-560079. 8. SMT. GEETHA. AGE ABOUT 26 YEARS W/O SRI. VAJRAMUNI D/O MARISWAMAPPA R/AT GUBBLALA UTTHARAHALLI HOBLI BANGALORE-560061. 9. SRI. BHASKAR AGED ABOUT 23 YEARS - 3 - NC: 2025:KHC:12141 WP No. 4875 of 2025 S/O LATE MARISWAMAPPA R/AT KODIPLYA, VIDYAPEETHA ROAD BANGALORE SOUTH TALUK KENGERI HOBLI, BANGALORE-56060. 10. SMT. SHIVAMMA AGED ABOUT 20 YEARS D/O MARISWAMAPPA R/AT KODIPLYA, VIDYAPEETHA ROAD BANGALORE SOUTH TALUK KENGERI HOBLI, BANGALORE-560060. 11. SRI ABBIBULLA SHERIFF @ SHAID AGED ABOUT 44 YEARS S/O LATE MOHAMOOD SHERIFF. 12. SRI. KHALIMULLA SHERIFF @ ALLIYAD. AGED ABOUT 30YEARS. S/O LATE MOHAMOOD SHERIFF 13. SRI. GOUSUALLA SHERIFF @ ABID. AGED ABOUT 27 YEARS. S/O LATE MOHAMOOD SHERIFF 14. SMT. MEHR TAJ. AGED ABOUT 35 YEARS D/O LATE MOHAMOOD SHERIFF. 15. SMT. TAHERA. AGED ABOUT 33 YEARS D/O LATE MAHAMOOD SHERIFF 16. SMT.ZAHEEDA. AGED ABOUT 50 YEARS. W/O LATE MOHAMOOD SHERIFF 17. PARVEEN TAJ. AGED ABOUT 27 YEARS D/O ZAHEEDA AND LATE MOHAMOOD SHERIFF R11 TO R17 ARE R/AT NO.74 - 4 - NC: 2025:KHC:12141 WP No. 4875 of 2025 SHOCCUR CIRCLE, KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE-560 060. 18. SMT. RABBI AGED ABOUT 80 YEARS W/O LATE DAWOOD SHERIFF RESIDING AT NO. 74 SHOCCUR CIRCLE, KENGERI TOWN BANGALORE SOUTH TALUK-560060. 19. K. SHIVALINGAM AGED ABOUT 42 YEARS S/O LATE KUPPASWAMY R/AT NO 18. 1ST A MAIN VIVEKANANDA NAGAR B.S.K. 3RD STAGE BANGALORE 560085. 20. SRI K.R. RAMACHANDRA S/O LATE RAMAPPA AGED ABOUT 40 YEARS R/AT KODIPALAYA VILLAGE VIDHYAPETA POST KENGERI. BANGALORE-60. 21. SMT. BHAGYA. W/O GANGADHAR AGED ABOUT 45 YEARS R/AT DODDABELE COLONY VIDYAPEETHA POST KENGERI. BANGALORE SOUTH TALUK 22. SMT. PUTTAMMA. W/O LAKSHMINARAYANA AGED ABOUT 35 YEARS R/AT BYCHAGUPPE TAVAREKERE TALUK & POST BANGALORE SOUTH TALUK-562132. - 5 - NC: 2025:KHC:12141 WP No. 4875 of 2025 23. SMT. ALAMMA, W/O LATE RAMAIAH AGED ABOUT 55 YEARS R/AT GUBBI VILLAGE SUBHAS NAGAR TUMKUR DISTRICT-572216. 24. SMT. SAVITHRAMMA, W/O THIMMAIAH AGED ABOUT 50 YEARS R/AT KANMINIKE VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK-560074. …RESPONDENTS (BY SRI.M V CHANDRASHEKAR REDDY., ADVOCATE FOR C/R20) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO O.S.NO.2366/2004 PENDING ON THE FILE OF XLIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-44)SET ASIDE THE ORDER DATED 13/01/2025 AS PER ANNEXURE-A 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-impleading applicant, challenging the order dated 13.01.2025 passed by the XLIII Additional City Civil and Sessions Judge, Bengaluru on application filed under Order I Rule 10(2) of - 6 - NC: 2025:KHC:12141 WP No. 4875 of 2025 CPC in O.S.No.2366/2004, whereby the trial Court has rejected the application filed by impleading applicant. 2. The plaintiffs have filed a suit for partition among the family members. The proposed impleading applicant claims to be the member of another branch of the family as per the family tree vide Annexure-D. On an earlier occasion, the very same proposed impleading applicant filed an application for impleading on the ground that after the partition among the family members of the impleading applicant, the suit schedule property was purchased by the father and grandmother of the proposed impleading applicant from one Lakshmamma. Based on this, he had filed the application for impleading. However, the earlier application was dismissed by order dated 12.11.2024, and the order has attained finality. 3. Now, the present application has been filed again under Order I Rule 10(2) of the CPC for impleading, on the ground that the impleading applicant is also entitled to a share in the property. Since the property involved in the - 7 - NC: 2025:KHC:12141 WP No. 4875 of 2025 suit belongs to the branch of Chikkamariyappa, the partition sought is among the family members of Chikkamariyappa. Therefore, the impleading applicant is neither a necessary nor a proper party to the suit. On this ground, the trial Court has dismissed the application. There is no error or illegality in the impugned order passed by the trial Court. The writ petition is devoid of merit. 4. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 11