- 1 - HC-KAR NC: 2025:KHC:20491 WP No. 16660 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16660 OF 2025 (GM-CPC) BETWEEN: MR. ZABIULLAH S/O MR.GHOUSE PEER AGED ABOUT 52 YEARS R/AT NO.438, 2ND CROSS RASOOL LAYOUT, VIDYA SAGAR SARAIPALYA MAIN ROAD ARABIC COLLEGE POST BENGALURU - 560 077. …PETITIONER (BY SRI M.D.RAGHUNATH, ADVOCATE) AND: 1. SMT. LALITHA K. S., W/O SRI K.K.MEDAPPA AGED ABOUT 62 YEARS 2. SRI K.K.MEDAPPA S/O LATE SRI K.M.KARIAPPA AGED ABOUT 77 YEARS BOTH R/AT NO. 437 7TH MAIN, OUTER RING ROAD HRBR, KALYANNAGAR Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20491 WP No. 16660 of 2025 BENGALURU - 560 043. 3. SRI AKRAM PASHA S/O LATE SRI GOUSE PEER AGED ABOUT 48 YEARS R/AT NO.146/7, SARIPALYA ADJACENT TO NEW SHINE GRANITES THANISANDRA MAIN ROAD BENGALURU - 560 045. …RESPONDENTS THIS W.P. IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INIDA PRAYING TO QUASH THE ORDER DTD. 25.04.2025 AT ANNX-E PASSED BY THE XXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN EX.1409/2019 ON IAS 7 UNDER ORDER 1 RULE 10 CPC AND IA 8 UNDER SEC. 151 CPC, PRODUED AT ANNX-A AND C RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 25.04.2025, passed by the XXX Additional City Civil and Sessions Judge, Bengaluru, rejecting applications – I.A.No.7 under Order I Rule 10(2) r/w. 151 of the CPC and - 3 - HC-KAR NC: 2025:KHC:20491 WP No. 16660 of 2025 I.A.No.8 under Section 151 of the CPC, seeking impleadment of himself as a judgement debtor No.2 and to grant reasonable time to vacate and handover possession of the suit schedule property to the decree holders, respectively, in Ex.P.No.1409/2019. 2. The respondents are the decree holders. The petitioner does not have any contract with the decree holder nor has a contract with the judgement debtor, but claims to be in possession of the property, which is the subject matter of the suit. He would further submit that the decree cannot be executed as the property is already been sold by the decree holders. If that be so, it is open to the petitioner to avail of such remedy as is available in law, by a separate suit or otherwise. The petitioner cannot seek impleadment of himself into these proceedings under Order I Rule 10(2) r/w. Section 151 of the CPC as he is neither proper nor a necessary party. The concerned Court has rightly rejected the applications reserving liberty to the petitioner to take available alternatives in law, if available in law. - 4 - HC-KAR NC: 2025:KHC:20491 WP No. 16660 of 2025 3. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 46 CT:SS