- 1 - NC: 2025:KHC:11179 WP No. 6366 of 2022 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. 6366 OF 2022 (GM-CPC) BETWEEN: 1. SMT. SAVITHA D W/O M.E. RAMESH KUMAR AGED ABOUT 42 YEARS 2. SRI. D. SANDESH S/O SRI DHARMEGOWDA AGED ABOUT 44 YEARS REP. BY HIS GPA HOLDER DHARMEGOWDA S/O RANGEGOWDA AGED ABOUT 68 YEARS BOTH ARE R/AT JAYANAGAR CHIKKAMAGALURU-577101. …PETITIONERS (BY SRI. RAVIKUMAR N R., ADVOCATE) AND: 1. INDIRAMMA W/O NINGEGOWDA AGED ABOUT 76 YEARS 2. RAJARAM S/O LATE NINGEGOWDA AGED ABOUT 51 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11179 WP No. 6366 of 2022 R1 TO R2 ARE R/AT KEREMAKKI VILLAGE AVATHI HOBLI CHIKKAMGALURU TQ AND DISTRICT- 577101. 3. THANKAMMA W/O LATE M.P ABRAHAM AGED ABOUT 89 YEARS 4. SAIRA STEPHEN W/O LATE STEPHEN ABRAHAM AGED ABOUT 50 YEARS 5. ANANDITHA STEPHEN D/O LATE STEPHEN ABRAHAM AGED ABOUT 25 YEARS 6. MR. ASHWATH ABRAHAM STEPHEN S/O LATE STEPHEN ABRAHAM AGED ABOUT 24 YEARS R3 TO R6 ARE R/OF III CROSS PENSION MOHALLA CHIKKAMAGALURU 577101. …RESPONDENTS (BY SMT. AISHWARYA HEGDE, ADVOCATE FOR SRI. GURURAJ. R., ADVOCATE FOR R1 & R2: NOTICE TO R3 TO R6 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 25.10.2021 VIDE ANNEXURE-A PASSED ON IA NO.30 FILED BY THE APPLICANTS/PETITIONERS UNDER ORDER-XXII, RULE-10 READ WITH SECTION 151 OF CPC IN OS NO.129/2011 BY THE LEARNED II ADDL. SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU AND ETC. - 3 - NC: 2025:KHC:11179 WP No. 6366 of 2022 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 This writ petition is filed by the proposed plaintiffs under Article 227 of the Constitution of India, challenging the order dated 25.10.2021 passed by the II Additional Senior Civil Judge and JMFC, Chikkamagaluru on IA No.XXX in O.S.No.129/2011, whereby the application filed by the petitioners was rejected. 2. The plaintiffs filed a suit for declaration, mandatory injunction and permanent injunction. During the pendency of the suit, the plaintiffs sold the property in favour of the proposed plaintiffs by a registered sale deed dated 02.07.2018. Since the proposed plaintiffs have stepped into the shoes of the plaintiffs, they filed an application to implead themselves as plaintiffs on the ground that the plaintiffs are not interested to prosecute the case and they are not protecting the interests of the proposed plaintiffs. The trial court dismissed the - 4 - NC: 2025:KHC:11179 WP No. 6366 of 2022 application only on the ground that even though Sandesh is represented by GPA holder by name Dharmegowda, they have not produced the copy of GPA along with the application. 3. The petitioners have produced the sale deed and GPA, both dated 02.07.2018, before this Court. Since they have produced documents and they have stepped into the shoes of the plaintiffs and they have interest in the suit schedule properties, hence, they are necessary parties to the suit. 4. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 25.10.2021 passed on IA No.XXX in O.S.No.129/2011 by the II Additional Senior Civil Judge and JMFC, Chikkamagaluru is set aside. - 5 - NC: 2025:KHC:11179 WP No. 6366 of 2022 (iii) IA No.XXX filed by the petitioners/proposed plaintiffs under Order XXII Rule 10 of CPC is allowed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 33