Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12062 WP No. 8456 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. 8456 OF 2025 (GM-CPC)
BETWEEN:
MR SANDEEP K T S/O K DHARMAPALAN AGED ABOUT 51 YEARS R/ATNO 18, DEVANAGARI LAYOUT DEEVARABISANAHALLI BELLANDUR POST BANGALORE-560103. …PETITIONER (BY SRI. ARUN KUMAR K, SENIOR COUNSEL FOR SRI. PRADYUMNA L.NARASIMHA., ADVOCATE)
AND:
1. MR A B PALANGAPPA S/O SRI. ACHAKALERA BIDDAPPA MAJOR KATTEMADU VILLAGE POST KODAGU, COORG DISTRICT ALSO AT NO. 298, 1ST CROSS CAMBRIDGE LAYOUT BANGALORE 560 008. 2. MR. GOPU P AGED ABOUT 58 YEARS R/AT NO. 1 DEVANAGARI LAYOUT DEEVARABISANAHALLI BELLANDUR POST BANGALORE 560 103. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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NC: 2025:KHC:12062 WP No. 8456 of 2025
3. MR. A.P. CHENGAPPA S/O A.B. PALANGAPPA AGED ABOUT 44 YEARS R/AT NO. 298,1ST CROSS, CAMBRIDGE LAYOUT BANGALORE 560 008. 4. SASHIKUAMR KUMARASWAMY MAJOR NO. 151/1, HONEYWELL TECHNOLOGY SOLUTIONS DORAISANIPALYA BANNERGHATTA ROAD BANGALORE 560076. 5. MR. JAYASHANKAR P AGED ABOUT 51 YEARS S/O PURUSHOTHAMAN PILLAI AT NO. NO 7, DEVANAGARI LAYOUT DEVARABISANAHALLII BELLANDUR POST BANGALORE -560103. 6. MS GAYATHRI SUNDARESH AGED ABOUT 45 YEARS W/O SUNDARESH K NO 29, VASWANI ASHTON WOODS 38/2, KARIYAMMANA AGRAHARA BELLANDUR POST BANGALORE-560103. 7. MR. MUKKAMALA KAMESWARA PRASAD AGED ABOUT 42 YEARS S/O SITARAMANJANEYULU R/AT 14-39-34/1, MATHAM BAZAR MORRIES PET TENALI
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NC: 2025:KHC:12062 WP No. 8456 of 2025
GUNTUR DISTRICT ANDRA PRADESH -522202. 8. MR. GEORGE MATHEW AGED ABOUT 62 YEARS S/O PV GEORGE AT NO 12 CANNAUGHT ROAD QUEENS ROAD CROSS BANGALORE 560052. 9. MS. BABY MATHEW AGED ABOUT 61 YEARS W/O GEORGE MATHEW NO 12, CANNAUGHT ROAD QUEENS ROAD CROSS BANGALORE 560052. 10. PADMAJYOTHI THUNNAN AGED ABOUT 49 YEARS S/O KUNHIKANNAN THUNNAN R/AT SHEYA MUZHAPPILANGAD PO KANNUR DISTRICT-670662. 11. MR. GANESH S P AGED ABOUT 53 YEARS S/O OF S. PARTHASARATHY R/AT 9, ULSOOR, G14 STREET BANGALORE-560008. 12. MR. M. R. SREEDHAR AGED ABOUT 49 YEARS S/O T RAME GOWDA R/AT PROCSYS, NO 24 RICHMOND ROAD BANGALORE – 560025. 13. MR.NARAYAN OTHAYAMANGALAM AGED ABOUT 84 YEARS
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NC: 2025:KHC:12062 WP No. 8456 of 2025
S/O AMBU OTHAYAMANGALAM OTHAYAMANGALAM HOUSE NEAR PATEL ROAD, PUZHATHI CHIRAKKAL POST, KANNUR DISTRICT KERALA 670 011. 14. MR.
ARUN KUMAR OTHAYAMANGALAM AGED ABOUT 50 YEARS S/O NARAYAN OTHAYA MANGALAM AT 202 ANJANEYA APARTMENTS 58/1, G.M. PALYA
BANGALORE 560075. 15. MR. KRISHNA MOHAN KURELLA S/O. SRI. SREE RAMA RAO KURELLA AGED ABOUT 57 YEARS
16. MRS. SURYA KUMARI KURELLA W/O SRI KRISHNAMOHAN KURELLA AGED ABOUT 53 YEARS R15 & R16 ARE AT NO. 79-C MARUTHI NAGAR, RING ROAD MEHIDPATNAM, HYDERABAD-500 001. ALSO AT RESIDENTIAL SITE BEARING NO. 13 HOUSE LIST KHATHA NO. 193/5/1/13 PRESENTLY BBMP KATHA NO. 182/206/193/5/1/13 CARVED OUT OF CONVERTED SY.NOS.5/1 AND 5/2, CONVERTED FOR RESIDENTIAL PURPOSES VIDE OFFICIAL MEMORANDUM BEARING NOS. B.DS.ALN(E)VB61/2002 -2003 DATED 16.10.2002 AND
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NC: 2025:KHC:12062 WP No. 8456 of 2025
BDS: ALN(E)VB:SR:105/2002-2003 DATED 02.01.2003, SITUATED AT DEVARABISANAHALLI VILLAGE VARTHUR HOBLI BANGALORE SOUTH TALUK. 17. DEVANAGARI LAYOUT OWNERS ASSOCIATION A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 AND HAVING ITS OFFICE AT SY. NOS. 5/1 AND 5/2, DEVARABISANAHALLI BELLANDUR BANGALORE POST-560 103 HEREIN REP. BY ITS PRESIDENT. 18. MR. L.K. PRASAD S/O L.S. KOCHUKUNJU AGED ABOUT 45 YEARS R/AT NO.17 DEVANAGARI LAYOUT DEEVARABISANAHALLI BELLANDUR POST BANGALORE-560 103. 19. MR. HAREESH RAMACHANDRAN S/O N. RAMACHANDRAN AGED ABOUT 36 YEARS R/ AT NO.4 DEVANAGARI LAYOUT DEEVARABISANAHALLI BELLANDUR POST,BANGALORE 560 103. 20. MR.DHILEEP GOPALAKRISHNAN S/O S. GOPALAKRISHNAN AGED ABOUT 37 YEARS R/AT NO. G-1, 605 ALPINE ECO-APARTMENTS
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NC: 2025:KHC:12062 WP No. 8456 of 2025
DODDANAKUNDI, KR PURAM HOBLI BANGALORE 560 037. 21. MRS. DIVYA S.
W/O MR. SANDEEP K.T.
AGED ABOUT 36 YEARS R/AT NO. 18, DEVANAGARI LAYOUT DEEVARABISANAHALLI, BELLANDUR BANGALOREPOST 560 103. 22. MR. MANJUNATHA D.N.
S/O DHUMMAPPA K.H.
AGED ABOUT 39 YEARS R/AT NO.15 DEVANAGARI LAYOUT DEEVARABISANAHALLI BELLANDUR POST BANGALORE 560 103. 23. MR. SHIVA KUMAR YENIGALLA S/O BASAVESWARA RAO Y NO. 13, EASTWOOD LAYOUT HARALUR ROAD, OFF SARJAPUR ROAD BANGALORE 560 012. 24. MR. PADMAKUMAR A.V S/O SRI. VASUDEVAN PILLAI AGED ABOUT 41 YEARS R/AT NO. 10 DEVANAGARI LAYOUT DEEVARABISANAHALLI BELLANDUR POST BANGALORE 560 103. 25. MRS.
NISHA A W/O MR. PADMAKUMAR A.V.
AGED ABOUT 37 YEARS R/AT NO. 10 DEVANAGARI LAYOUT DEEVARABISANAHALLI
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NC: 2025:KHC:12062 WP No. 8456 of 2025
BELLANDUR POST BANGALORE 560 103. 26. MS. JIJI P. JAYADEVAN D/O P K JAYADEVAN AGED ABOUT 37 YEARS R/AT NO 11 DEVANAGIRI LAYHOUT DEVARASISANAHALLI BELLANDUR POST BANGALORE 560103. 27. MR. PRAN JOSEPH, S/O JOSEPH A. EDATHIL
AGED ABOUT 39 YEARS R/AT NO. 301, GANGOTHRI APARTMENT 253/1, 1ST MAIN, GM PALYA BANGALORE 560 103. …RESPONDENTS (BY SRI.ANIL KUMAR SHETTY., ADVOCATE FOR R1 & R3: NOTICE TO R2, R4 TO R14, R15 & R16 & R17 TO R27 ARE DISPENSED WITH V/O DATED: 22.03.2025)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 06.02.2025 IN O.S.NO. 8638 OF 2014 BY THE XXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH 31) AND ALLOW THE INTERLOCUTORY APPLICATION TO IMPALED PROPOSED DEFENDANT NO.15 AND 16 AS DEFENDANTS (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
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NC: 2025:KHC:12062 WP No. 8456 of 2025
ORAL ORDER
1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff No.5 challenging the order dated 06.02.2025 passed by the XXX Addl. City Civil & Sessions Judge, Bengaluru, on I.A.No.9/2024 filed under Order 1 Rule 10(2) of CPC in O.S.No.8638/2914, whereby the Trial Court has dismissed the said application.
2. The plaintiff filed the suit for declaration and injunction. On service of suit summons, the defendants appeared through counsel and filed written statement. On the basis of the pleadings of the parties, the Trial Court has framed issues. The parties have adduced evidence. At that stage, plaintiff No.5 filed I.A.No.9/2024 under Order 1 Rule 10(2) of CPC to implead proposed defendant Nos.15 and 16 to the suit. Proposed defendant Nos.15 and 16 are served, but remained unrepresented. The Trial Court, by impugned order has rejected the said application. Being aggrieved by the said order, the present petition is filed.
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NC: 2025:KHC:12062 WP No. 8456 of 2025
3. The specific case of the plaintiff No.5 is that the vendor of the proposed defendants was a party to the suit as defendant No.6. During the stage of evidence, the plaintiff No.5 came to know that defendant No.6 has sold the property to the proposed defendant Nos.15 and 16 even before the suit was filed. Hence, they are necessary and proper parties to the suit.
4. Under the circumstances and in the interest of justice, this Court is of the opinion that the impleading application is liable to be allowed.
5. This Court in MFA No.8171/2018 c/w 8172/2018
disposed of on 19.04.2023 had directed the Trial Court to dispose of the suit within six months and thereafter, time has been extended till January 2025.
6. Accordingly, the following order is passed:
ORDER a) The writ petition is allowed.
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NC: 2025:KHC:12062 WP No. 8456 of 2025
b) The order dated 06.02.2025 passed by the XXX Addl. City Civil & Sessions Judge, Bengaluru, on I.A.No.9/2024 filed under Order 1 Rule 10(2) of CPC in O.S.No.8638/2914, is set aside. c) I.A.No.9/2024 filed under Order 1 Rule 10(2) of CPC is allowed. d) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible, not later than four months from the date of receipt of copy of this order.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM LIST NO.: 1 SL NO.: 5