- 1 - NC: 2025:KHC:4526 WP No. 15667 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15667 OF 2019 (GM-CPC) BETWEEN: 1. SMT. SEETHAMMA W/O LATE NAGAPPA, AGED ABOUT 70 YEARS OCC: HOUSE WIFE, R/O HALANDURU VILLAGE, HUNCHA HOBLI, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT AT PRESENT R/AT MEGARAVALLI VILLAGE, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT- 577 432 2. SMT.SUJATHA W/O GANESHA, AGED ABOUT 39 YEARS OCC: MANAVARATHE R/O RAMAKRISHNAPURA, THIRTHAMUTTURU HOBLI, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT- 577 432 3. SMT.SUVARNA W/O RAMESHA, AGED ABOUT 37 YEARS OCC:MANAVARATHE R/O DODDANAGUDDE, KALLASANKA POST, UDUPI DISTRICT-576 101 4. SMT.SHASHIKALA W/O SANTHOSHA, AGED ABOUT 35 YEARS OCC:MANAVARATHE R/O SARIYAMATA, BALNAD VILLAGE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4526 WP No. 15667 of 2019 BULEROKATTE POST, PUTTURU TALUK, DAKSHINA KANNADA DISTRICT- 574 243 5. SMT.YASHODA W/O MANJUNATHA, AGED ABOUT 33 YEARS OCC:MANAVARATHE R/O MULLUGUDDE VILLAGE, SHIVAPURA POST, HEBRI, UDUPI DISTRICT- 576 112 …PETITIONERS (BY SRI. HARISH KUMAR M.S., ADVOCATE) AND: 1. SMT. SALEEMABI W/O IBRAHIM, AGED ABOUT 56 YEARS R/O HALANDURU VILLAGE, AMRUTHAPURA GRAM PANCHAYATH, HOSANAGAR TALUK, SHIVAMOGGA DISTRICT- 577 418 2. MANJUNATHA S/O LATE NAGAPPA, AGED ABOUT 31 YEARS R/O HALANDURU VILLAGE, AMRUTHAPURA GRAM PANCHAYATH, HOSANAGAR TALUK, SHIVAMOGGA DISTRICT AT PRESENT R/AT MEGARAVALLI VILLAGE, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT-577 432 …RESPONDENTS (R1 & R2 SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAING TO QUASH ANNEXURE-E, THE ORDER DATED: 22.01.2019 ON I.A.NO.5 IN O.S.174/2015 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSANAGARA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:4526 WP No. 15667 of 2019 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.VI in O.S.No.174/2015 dated 22.01.2019 by the Additional Civil Judge and JMFC, Hosanagara, the petitioners who have filed the impleading application is before this Court. 2. The son of the petitioner No.1 has filed the suit for declaration. The impleading applicants who are the mother and sisters want to implead themselves and come on record as plaintiff Nos.2 to 6. That application came to be rejected by the trial Court. 3. While rejecting the application, the trial Court observed that in the case on hand, there is no rival claim between plaintiff and proposed plaintiffs and by considering the same, the Court has suggested the plaintiff and proposed plaintiffs and their respective counsels to file joint vakalath for proposed plaintiffs to avoid complications and technicalities. But in spite of the said suggestion, they did not opt to file joint vakalath and to depart from general practice and to avoid unnecessary complications, the Court declined to allow the application. Moreover, there is no provision in the Code of Civil Procedure - 4 - NC: 2025:KHC:4526 WP No. 15667 of 2019 for representation by different counsels for several plaintiffs and accordingly, rejected the application. 4. Learned counsel appearing for the petitioners submits that they will engage one advocate and will proceed with the matter. 5. Considering the same, this Court is passing the following order: ORDER i. The order passed in I.A.No.VI in O.S.No.174/2015 dated 22.01.2019 by the Additional Civil Judge and JMFC, Hosanagara, is set aside by recording the submission that all the plaintiffs will engage the same advocate. ii. After engaging the same advocate, the petitioners can move an application before the trial Court and the trial Court shall consider the same. iii. Accordingly, the writ petition is disposed off. iv. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG, List No.: 1 Sl No.: 15