- 1 - NC: 2025:KHC:11110 WP No. 4984 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4984 OF 2024 (GM-CPC) BETWEEN: 1. PRAMOD KUMAR GYANCHAND SINCE DEAD REP BY HIS LR’S SMT. GITANJALI GHYANCHAND W/O GHYANCHAND JAIN AGED ABOUT 71 YEARS 2. SMT. USHA PRAMOD KUMAR W/O PRAMOD KUMAR GHYANCHAND AGED ABOUT 52 YEARS 3. MISS MUSKAN PRAMOD KUMAR D/O PRAMOD KUMAR GHYANCHAND AGED ABOUT 27 YEARS 4. MISS KASHISH PRAMOD KUMAR D/O PRAMOD KUMAR GHYANCHAND AGED ABOUT 21 YEARS PETITIONER 2 TO 4 ARE R/AT NO. 2/1, NORTH PARK ROAD KUMARA KURPA ROAD CROSS OPP. TO GANDHI BHAVAN BANGALORE 560001. 5. SRI. SOMASHEKAR S/O SRI. GOPALA KRISHNAMURTHY AGED ABOUT 80 YEARS R/AT NO. 1, RADHA APARTMENT Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11110 WP No. 4984 of 2024 BASAPPA ROAD,SHANTHINAGAR BANGALORE 560027 6. SRI. ASHOK R JAIN S/O SRI. RIKABCHAND JAIN AGED ABOUT 60 YEARS R/AT NUMBER 401 PANCHASHEEL APARTMENT THIRD FLOOR, THIRD CROSS GANDHINAGAR, BANGALORE 560009. …PETITIONERS (BY SRI. D N MANJUNATH., ADVOCATE) AND: 1. SRI P MURALIDHARA SHASTRI S/O SRI. P NARAYANA SHASTRI AGED ABOUT 56 YEARS R/AT NO.1-1-81, ABHADPET OPP. 2ND WARD SCHOOL HINDUPURA, ANANTHAPURAM DISTRICT ANDHRA PRADESH. 2. SRI. SYED AHMED S/O LATE SYED KALUSABI SINCE DEAD REP. BY HIS LR’S MRS. MUMTAZ BEGUM W/O LATE SYED AHMED SINCE DEAD REP.LR’S MRS. SYED JILANI D/O LATE SYED AHMED AGED ABOUT 60 YEARS. 3. MR. MOHAMMED ALI S/O LATE SYED AHMED AGED ABOUT 50 YEARS 4. MR. SHAMMA S/O LATE SYED AHMED AGED ABOUT 43 YEARS 5. MR. SYED ILAHI S/O LATE SYED AHMED - 3 - NC: 2025:KHC:11110 WP No. 4984 of 2024 AGED ABOUT 41 YEARS 6. MRS KUSHID BEGUM D/O LATE SYED AHMED AGED ABOUT 38 YEARS 2 TO 6 ARE ARE R/AT NO.19 BELLAHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK 7. M/S CMR DEVELOPERS A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER SRI. KS SHANKAR REDDY HAVING ITS OFFICE AT NO.3 INFANTRY ROAD, EMBASSY ICON BANGALORE 560001. 8. SRI. KS SHANKAR REDDY S/O K C SRINIVAS AGED ABOUT 49 YEARS RESIDING AT NO. 3 INFANTRY ROAD, EMBASSRY ICON BANGALORE 560001. 9. SRI. B K MOHAN KUMAR S/O KRISHNAIAH AGED ABOUT 44 YEARS RESIDING AT NO. 3 INFANTRY ROAD EMBASSRY ICON BANGALORE 560001. 10. SRI. SURESH M S/O CHANDRASHEKAR M AGED ABOUT 47 YEARS RESIDING AT NO. 39, III CROSS SRI. KRISHNA TEMPLE ROAD NEAR BANGALORE UNIVERSITY JNANA JYOTHI NAGAR MALLAT HALLI, ULLAL BANGALORE 560056. - 4 - NC: 2025:KHC:11110 WP No. 4984 of 2024 11. SRI. RAGHAVENDRA BHATT K V S/O VASANTHA K M MAJOR IN AGE RESIDING AT NO.37/1 KODURU MAIN ROAD KODURU HOSANAGARA SHIMOGA DISTRICT -577 518. 12. SRI. KAMALESH KUMAR S/O MANIKCHAND AGED ABOUT 46 YEARS R/AT NO.1 RADHA KRISHNA APARTMENTS BASAPPA ROAD, SHANTHINAGAR BANGALORE 560027. …RESPONDENTS (BY SRI.VISHNU HEGDE., ADVOCATE FOR R4 TO R6: SMT. KEERTHANA NAGARAJ, ADVOCATE FOR R11: NOTICE TO R10 & R12 ARE SERVED BUT UNREPRESENTED: NOTICE TO R2,3,7,8 & 9 ARE HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OF CERTIORARI BY INVOKING ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA BY QUASHING THE ORDER PASSED BY THE HONBLE III ADDITIONAL SENIOR CIVIL JUDGE BANGALORE RURAL IN OS 1485/2012 DATED 02.01.2024 U/O 1 RULE 10(2) PRODUCED AS ANNEXURE-D3 AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 petitioners-plaintiffs challenging the order dated 02.01.2024 passed by the III - 5 - NC: 2025:KHC:11110 WP No. 4984 of 2024 Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru on application filed by the plaintiffs under Order I Rule 10(2) of CPC in O.S.No.1485/2012, whereby the Trial Court has rejected the said application. 2. The plaintiffs filed the suit for a declaration and injunction. The specific case of the plaintiffs is that, during the pendency of the suit, they filed an application under Order I Rule 10(2) of the CPC to implead the proposed defendants as parties to the suit on the ground that defendant No.1 has entered into an agreement of sale with the proposed defendants, and they are necessary parties in this suit. The trial Court, while dismissing the application filed under Order I Rule 10(2) of the CPC, misconstrued the suit as being filed for specific performance. Being aggrieved by this, the present petition has been filed. 3. The suit is filed for a declaration and injunction. The trial Court, by the impugned order, has dismissed the - 6 - NC: 2025:KHC:11110 WP No. 4984 of 2024 application filed under Order I Rule 10(2) of the CPC, misconstruing the suit as one filed for specific performance. No proper reasons have been given for the rejection of the application. The impugned order is not a speaking order and has been passed without the application of mind. On this ground alone, the writ petition has to be allowed and the impugned order is liable to be set aside. Accordingly, the following order is passed. ORDER a) The writ petition is allowed. b) The order dated 02.01.2024 passed by the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru on application filed by the plaintiffs under Order I Rule 10(2) of CPC in O.S.No.1485/2012, is set aside. c) The matter is remitted back to the trial Court with a direction to reconsider the application filed by the plaintiff under Order I Rule 10(2) of CPC, in accordance with law after giving opportunity to both the parties. - 7 - NC: 2025:KHC:11110 WP No. 4984 of 2024 d) The Trial Court is directed to dispose of the said application in accordance with law within 30.04.2025. e) All contentions of the parties are left open. All pending I.As. in this writ petition, if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 30