- 1 - NC: 2025:KHC:7195 WP No. 30086 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 30086 OF 2024 (GM-CPC) BETWEEN: 1. SMT. GOWRAMMA D/O.RANGEGOWDA W/O.LAKSHMAN AGED ABOUT 62 YEARS. 2. SMT. SUSHEELA D/O.RANGEGOWDA W/O.CHANDREGOWDA AGED ABOUT 58 YEARS. BOTH ARE RESIDENTS OF CHIKKAKONDAGULA VILLAGE KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT-573201. …PETITIONERS (BY SRI. BALARAJ A C.,ADVOCATE) AND: 1. SMT. KOUSHALYA W/O.LATE.GOVINDASWAMY AGED ABOUT 60 YEAR RESIDENT OF BAGADERAKOPPALU SALAGAME ROAD, HASSAN TALUK HASSAN DISTRICT-573201. 2. SRI.B.R.MANJUNATH S/O.RANGEGOWDA AGED ABOUT 64 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7195 WP No. 30086 of 2024 3. SRI.CHANDREGOWDA S/O.RANGEGOWDA AGED ABOUT 60 YEARS R2 AND R3 ARE RESIDENTS OF S.L.R.M..BUILDING, VIDYANAGAR BEHIND STADIUM, HASSAN-573201. 4. SRI.D.T.PRAKASH S/O.LATE THIMMEGOWDA AGED ABOUT 48 YEARS R/OF DEVARAYAPATTANA VILLAGE KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT-573201. 5. SMT.LAKSHMAMMA @ AKKAYAMMA W/O.RANGEGOWDA @ SANNAPPA R/OF BAGADERA KOPPALU LAYOUT HASSAN-573201. 6. SRI. MURALIDHARA D.R. S/O.LOKESH AGED ABOUT 55 YEARS R/OF DASARA KOPPALU SALAGAME ROAD, KASABA HOBLI HASSAN TALUK-573201. 7. SRI.M.R.CHANNAKESHAVEGOWDA S/O.RANGEGOWDA AGED ABOUT 60 YEARS RESIDENT OF SRI. LAKSHMI NILAYA MALAVIKA VIDYA SAMSTHE ROAD HEMAVATHI NAGAR, HASSAN-573201. 8. SRI.G.M.ANANTHARAMU S/O.MANJAIAH AGED ABOUT 60 YEARS R/OF GHADDAHALLI VILLAGE AND POST BELUR TALUK, HASSAN DISTRICT-573201. - 3 - NC: 2025:KHC:7195 WP No. 30086 of 2024 9. M/S. AGP CITY GAS PRIVATE LIMITED A COMPANY REGISTERED UNDER INDIAN COMPANIES ACT WARE HOUSE, HASSAN SY.NO.119/5, DODDAKONDAGOLU AND SY.NO.94/4 OF HARALALLI, HASSAN-573201 REPRESENTED BY ITS REGIONAL HEAD SRI. VISHALAGIRI GOSWAMI, MAJOR ALSO AT: AGP GAS HASSAN SAMYAK ARCADE, NO.155A 1ST FLOOR, SHANKAR MUTT ROAD K.R.PURAM, HASSAN-573201. …RESPONDENTS (BY SRI.PRAKASH M PATIL., ADVOCATE FOR C/R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.372 OF 2014 PENDING ON THE FILE OF THE LEARNED VI ADDL. CIVIL JUDGE AND JMFC., AT HASSAN AND QUASH THE ORDER PASSED BY THE LEARNED VI ADDL. CIVIL JUDGE AND JMFC., AT HASSAN IN O.S.NO.372 OF 2014 DATED:8.8.2024 ON I.A. NOS.25 AND 26 VIDE ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 plaintiff Nos.1 and 2 challenging the order dated 08.08.2024 passed on I.A.No.26 filed under Order I Rule 10 of CPC and I.A.No.25 filed under XXXIX Rule 7 of CPC in - 4 - NC: 2025:KHC:7195 WP No. 30086 of 2024 O.S.No.372/2014, whereby the said applications filed for impleading and direction to deposit an advance amount, respectively, have been dismissed. 2. The case of the plaintiffs is that they have filed the suit for partition and separate possession. During the pendency of the suit, the plaintiffs filed I.A.Nos.25 and 26 for impleading and direction to defendant No.3 to deposit the advance rent received by him, before the trial Court. The trial Court by order dated 08.08.2024 dismissed the said applications. Being aggrieved by the same, the present petition is filed. 3. Heard the learned counsel for the petitioners. Perused the petition papers. 4. The plaintiffs have filed the suit for partition and separate possession. During the pendency of the suit, the plaintiffs filed I.A.Nos.25 and 26 for impleading and for a direction to defendant No.3 to deposit the - 5 - NC: 2025:KHC:7195 WP No. 30086 of 2024 advance rent received by him, before the trial Court. The trial Court, by order dated 08.08.2024, dismissed the applications. Since the suit is filed for partition and separate possession, no relief has been sought against the proposed defendant nor have any averments been made with regard to the same. Therefore, he is not a necessary or proper party for the purpose of adjudicating the suit filed for partition and separate possession. The trial Court has rightly dismissed the applications and there is no error or illegality in the order passed by the trial Court. 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 22