- 1 - HC-KAR NC: 2025:KHC:23396 WP No. 22801 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22801 OF 2024 (GM-CPC) BETWEEN: 1. B.S. GOPINATH, S/O K. SRIRAMAPPA, AGED ABOUT 46 YEARS, R/AT NO.119, WARD NO.23, BEHIND JAMIA MASJID, DODDAPET, CHINTAMANI, CHIKKABALLAPURA - 563125. …PETITIONER (BY SRI. JOSE SEBASTIAN.,ADVOCATE) AND: 1. KHURSIDUNNISSA, W/O ABDUL RAHIM, D/O M. AYUB KHAN, AGED ABOUT 57 YEARS, ATS BUILDING, K.R. EXTENSION, CHITAMANI CITY - 563125. SINCE DEAD BY LRs. 1(a) MOHAMMED IRFAN, S/O LATE ABDUL RAHIM, AGED ABOUT 51 YEARS, R/A #251, 2ND CROSS, 4TH BLOCK, HBR LAYOUT, BANGALORE - 560043. 1(b) NUSRATH FATHIMA, S/O LATE ABDUL RAHIM, AGED ABOUT 45 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23396 WP No. 22801 of 2024 R/AT FLAT NO.401, CHARLES APARTMENT NO.2, RAMAKRISHNAPPA ROAD, FRASER TOWN, BANGALORE - 560005. AMENDMENT CARRIED OUT AS PER COURT ORDER DATED 01.07.2025. 2. SHAMEEM, W/O AJAZ KHAN, D/O M. AYUB KHAN, AGED ABOUT 52 YEARS, ATS BUILDING, K.R. EXTENSION, CHINTAMANI CITY - 563125. 3. UMER KHAYAM KHAN, S/O M. AYUB KHAN, AGED ABOUT 54 YEARS, ATS BULDING, K.R. EXTENSION, CHINTAMANI CITY - 563125. 4. KHUTUBUDDIN KHAN @ ASLAM KHAN, S/O M. AYUB KHAN, AGED ABOUT 50 YEARS, ATS BUILDING, K.R. EXTENSION, CHINTAMANI CITY - 563125. 5. FAZLUNNISA, W/O FAYAZ KHAN, D/O M. AYUB KHAN, AGED ABOUT 48 YEARS, ATS BUILDING, K.R. EXTENSION, CHINTAMANI CITY - 563125. 6. IBRAHIM KHAN, S/O M. AYUB KHAN, AGED ABOUT 46 YEARS, ATS BUILDING, K.R. EXTENSION, CHINTAMANI CITY - 563125 - 3 - HC-KAR NC: 2025:KHC:23396 WP No. 22801 of 2024 7. RAHMAT, W/O MINHAAJ KHAN, D/O M. AYUB KHAN, AGED ABOUT 44 YEARS, ATS BUILDING, K.R. EXTENSION, CHINTAMANI CITY - 563125. 8. GHOUSE KHAN, S/O M. AYUB KHAN, AGED ABOUT 42 YEARS, ATS BUILDING K.R. EXTENSION, CHINTAMANI CITY - 563125. 9. ASMATH, W/O JAMEEL AHMED KHAN, D/O M. AYUB KHAN, AGED ABOUT 40 YEARS, ATS BUILDING, K.R. EXTENSION, CHINTAMANI CITY - 563125. 10. SALMA, W/O CHAND, D/O M. AYUB KHAN, AGED ABOUT 38 YEARS, ATS BUILDING, K.R. EXTENSION, CHINTAMANI CITY - 563125. 11. USMAN KHAN, S/O M. AYUB KHAN, AGED ABOUT 36 YEARS, ATS BUILDING, K.R. EXTENSION, CHINTAMANI CITY - 563125. 12. ZAHIDUNNISSA, W/O MOHMED ISMAIL, AGED ABOUT 65 YEARS, M.G. ROAD, CHINTAMANI CITY - 563125. - 4 - HC-KAR NC: 2025:KHC:23396 WP No. 22801 of 2024 13. NAZ SULTANA, D/O MOHMED ISMAIL, AGED ABOUT 40 YEARS, M.G. ROAD, CHINTAMANI CITY - 563125. 14. M MD. ZAINULLA @ MD. INAYATULLA, S/O MOHMED ISMAIL, AGED ABOUT 42 YEARS, M.G. ROAD, CHINTAMANI CITY - 563125. 15. MD. GHOUSE @ SAIF, S/O MOHMED ISMAIL, AGED ABOUT 38 YEARS, M.G. ROAD, CHINTAMANI CITY - 563125. 16. MD. KHADAR ALI, S/O MOHAMED ISMAIL, AGED ABOUT 38 YEARS, M.G. ROAD, CHINTAMANI CITY - 563125. 17. KHALEEL UR REHMAN, S/O MOHMED ISMAIL, AGED ABOUT 38 YEARS, M.G. ROAD, CHINTAMANI CITY - 563125. 18. LAKSHMIDEVAMMA, MAJOR, 1ST T. BLOCK, RAJAJINAGAR, BANGALORE - 560010. 19. DR. G. SHANTH, M.B.B.S., MEDICAL PRACTITIONER, SHANTH CLINI, M.G. ROAD, CHINTAMANI CITY - 563125. - 5 - HC-KAR NC: 2025:KHC:23396 WP No. 22801 of 2024 20. H.S. TIRUNARAYANA IYENGAR. PROP. J.B. BAKERY, M.G. ROAD, CHINTAMANI CITY - 563125. 21. FATIMUNNISA, W/O LATE MOHAMMED GHOUSE, AGED ABOUT 76 YEARS, CHINNASANDRA, CHINTAMANI TALUK - 563125. 22. SABRIUNNISSA, D/O SYED KHAN, AGED ABOUT 38 YEARS, CHINNASANDRA, CHINTAMANI TALUK - 563125. 23. SYED KHAN, S/O P. MOHIDDIN KHAN, AGED ABOUT 45 YEARS, CHINNASANDRA, CHINTAMANI TALUK - 563125. 24. P. MAHABOOB KHAN, S/O SYED KHAN, AGED ABOUT 35 YEARS, CHINNASANDRA, CHINTAMANI TALUK - 563125. 25. ABIDUNNISSA @ ABIDA, W/O MD. ABBAS, AGED ABOUT 40 YEARS, R/O NAREPPAKUNTA ROAD, CHINTAMANI CITY - 563125. 26. AISHA SALMA, W/O NAWAZ PASHA, AGED ABOUT 47 YEARS, R/O NEAR INDIAN PETROL BUNK, CHELUR ROAD, CHINTAMANI CITY - 563125. - 6 - HC-KAR NC: 2025:KHC:23396 WP No. 22801 of 2024 27. DR. (MRS.) YASMEEN, W/O DR. MAHABOOB PASHA, AGED ABOUT 61 YEARS, R/O GANDHINAAR EXTENSION, CHINTAMANI CITY - 563125. 28. BASHEERUNNISSA TABASSUM, W/O MOHAMMED JAFFER SADIQ PASHA, AGED ABOUT 43 YEARS, R/O NO.35, BDJ LAYOUT, JALAHALLI, BENGALURU SOUTH, BENGALURU - 560053. RESPONDENTS 12 TO 28 ARE DELETED V.C.O. DATED 1/7/2025. …RESPONDENTS (BY SRI.G.BALAKRISHNA SHASTRY, ADVOCATE FOR R1(a), R1(b) & R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDERS DTD 29.07.2024 IN FDP NO. 2/1989 HOLDING THAT THE INTERIM APPLICATION FILED BY THE PETITIONER UNDER ORDER I RULE 10(2) READ WITH ORDER XXII RULE 10 ALONG WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE PASSED BY THE SENIOR CIVIL JUDGE AT CHINTAMANI AT ANNEXURE-Z AND ALLOWING THE PETITIONER TO BE IMPLEADED AS RESPONDENT NO.13 IN FDP.NO.2/1989 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC:23396 WP No. 22801 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 29.07.2024 rejecting an application filed under Order I Rule 10 of the Code of Civil Procedure, seeking to implead himself as a party respondent in F.D.P.No.2/1989. 2. Learned counsel for the parties would submit that the settlement is arrived at between the petitioner and the respondents and the same has to be reported before the concerned Court. The settlement has been arrived at between the parties by drawing up the terms of settlement on 25.06.2025. In that light, the petitioner becomes a necessary party to place the settlement and get the terms of settlement recorded by the concerned Court. 3. In the light of the settlement being arrived at between the parties, I deem it appropriate to allow the petition, set-aside the order dated 29.07.2024 rejecting the application - 8 - HC-KAR NC: 2025:KHC:23396 WP No. 22801 of 2024 under Order I Rule 10 of the CPC, for the purpose of petitioner placing the settlement before the concerned Court and the concerned Court taking note of the same and passing necessary orders, in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 6