- 1 - NC: 2025:KHC:682 WP No. 21329 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 21329 OF 2021 (GM-CPC) BETWEEN: SMT. P K MONNAMMA W/O SRI.B.G. NANJAPPA AGED ABOUT 64 YEARS R/AT NO.649, 13TH CROSS 1ST MAIN,3RD STAGE, GOKULAM MYSORE TALUK AND MYSURU DISTRICT 570002. …PETITIONER (BY SMT. K R REKHA., ADVOCATE) AND: 1. SMT. ASHA S K W/O R.S.RAMESH AGED ABOUT 34 YEARS RESIDING AT RATNAHALLI VILLAGE YELAVALA HOBLI, MYSURU TALUK MYSURU DISTRICT 571130. 2. SMT POOVAMMA W/O MACHAIAH AGED ABOUT 64 YEARS R/AT NO.83, GOKULAM NORTH III STAGE, GOKULAM MYSURU CITY, MYSURU TALUK MYSURU DISTRICT. 570002. …RESPONDENTS (BY SRI. P NATARAJU.,ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:682 WP No. 21329 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DATED 30.8.2021 PASSED BY THE COURT OF LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC, MYSURU, REJECTING THE APPLICATION MADE UNDER ORDER I RULES 10(2) OF CODE OF CIVIL PROCEDURE, 1908 IN O.S.NO.492/2012 (RENUMBERED AS 1811/2021) PRODUCED AS PER ANNEXURE- F AND ETC. THIS PETITION, COMING ON FOR ORDERS HEARING, 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 impleading applicant in O.S.No.492/2012, challenging the order dated 30.08.2021 passed by the II Civil Judge (Jr.Dn.) and JMFC, Mysore, whereby the impleading application filed by the petitioner under Order 1 Rule 10(2) of CPC has been rejected. 2. Respondent No.1 herein has filed a suit for injunction. During the pendency of the suit, petitioner has filed an application for impleading on the ground that she has also interest in the suit schedule property. The trial court has rejected the same. While rejecting the - 3 - NC: 2025:KHC:682 WP No. 21329 of 2021 application, the trial court has not assigned any reasons and the impugned order is a non-speaking order, since the impleading applicant has also filed O.S.No.230/2007 for declaration in respect of the suit schedule property in the present suit. In view of the above, she is also interested and necessary party for the disposal of the O.S.No.492/2012. 3. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 30.08.2021 passed on IA No.5 in O.S.No.492/2012 is set aside. (iii) IA No.5 filed under Order 1 Rule 10(2) of CPC is allowed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 22