- 1 - NC: 2025:KHC:5404 WP No. 15406 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15406 OF 2024 (GM-CPC) BETWEEN: SRI S A NAGARAJU S/O ANANTHAPPA AGED ABOUT 38 YEARS R/AT SONNAPPANAHATTI VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT-563130 …PETITIONER (BY SRI. MUSRATH TABASSUM.,ADVOCATE) AND: 1. SRI K NAGANNA S/O NARAYANAPPA AGED ABOUT 58 YEARS R/AT SONNAPPANAHATTI VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT-563130. 2. SRI S R SONNAPPA S/O LATE RAMAIAH AGED ABOUT 60 YEARS R/A SONNAPPANAHATTI VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT-563130. 3. SMT JAYAMMA W/O S R SONNAPPA AGED ABOUT 56 YEARS R/A SONNAPPANAHATTI VILLAGE KASABA HOBLI,MALUR TALUK KOLAR DISTRICT-563130. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5404 WP No. 15406 of 2024 4. SMT SAROJAMMA D/O LATE RAMAIAH AGED ABOUT 64 YEARS R/A SONNAPPANAHATTI VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT-563130. …RESPONDENTS (BY SRI.K VISHWANATHA., ADVOCATE FOR C/R1: NOTICE TO R2 TO R4 ARE DISPENSED WITH V/O DATED: 06.02.2025) THIS WRIT PETITION IS FILED UNDEER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 28/03/2024 PASSED ON IA NO. 4 IN OS NO. 638/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALUR (ANNEXURE-E).GRANT AN INTERIM ORDER TO STAY THE FURTHER PROCEEDINGS IN OS NO. 638/2022 ON THE FILE OF THE SENIOR CIVIL JUDE AND JMFC, MALUR, PENDING DISPOSAL OF THE ABOVE WP. 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 28.03.2024 passed by the Senior Civil Judge and JMFC, Malur, on I.A.No.4 filed under Order 1 Rule 10(2) of CPC read with Section 151 of CPC by the impleading applicant in - 3 - NC: 2025:KHC:5404 WP No. 15406 of 2024 O.S.No.638/2022, whereby the Trial Court has dismissed the said application with cost. 2. The plaintiff/respondent No.1 filed O.S.No.638/2022 for relief of specific performance of contract dated 28.04.2020. The petitioner/impleading applicant filed O.S.No.101/2020 seeking for relief of partition and separate possession claiming that the suit schedule property in O.S.No.638/2020 is also one of the suit properties for partition in O.S.No.101/2020. Since the petitioner is an interested party to the suit schedule property and necessary party to the suit, he has filed I.A.No.4 under Order 1 Rule 10(2) of CPC seeking to implead him as party to the suit in O.S.No.638/2022. The Trial Court, by impugned order has dismissed the said application. Being aggrieved, the present petition is filed. 3. Heard the learned counsel for the parties. Perused the impugned order. - 4 - NC: 2025:KHC:5404 WP No. 15406 of 2024 4. The petitioner herein has filed O.S.No.101/2020 for relief of partition and separate partition. The suit schedule property in O.S.No.638/2020 filed by the respondent No.1 herein is also one of the suit schedule properties in O.S.No.101/2020 filed by the petitioner/impleading applicant for partition and separate partition. The defendants in O.S.No.638/2020 are also parties in O.S.No.101/2020. The impleading applicant has contended that the suit schedule property is a joint family property and he is claiming that he has a share in the suit property in O.S.No.638/2022. If any decree is passed in the said suit, it will be binding on the petitioner-impleading applicant. Therefore, he is a necessary party to the said suit proceedings. However, the Trial Court has erred in dismissing the impleading application filed by the petitioner herein. 5. In that view of the matter, this court is of the opinion that the impugned order passed by the Trial Court is liable to be set aside. Accordingly, the following order is passed: - 5 - NC: 2025:KHC:5404 WP No. 15406 of 2024 ORDER a) The writ petition is allowed. b) The order dated 28.03.2024 passed by the Senior Civil Judge and JMFC, Malur, on I.A.No.4 filed under Order 1 Rule 10(2) of CPC by the impleading applicant in O.S.No.638/2022, is hereby set aside. c) I.A.No.4 filed by the impleading applicant under Order 1 Rule 10(2) of CPC before the Trial Court is allowed. d) It is made clear that the petitioner/impleading applicant shall not seek for any further time when the matter is fixed by the Trial Court and petitioner shall not drag the matter. e) Parties shall co-operate for early disposal of the matter. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 21