- 1 - NC: 2025:KHC:16932 WP No. 31120 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 31120 OF 2024 (GM-CPC) BETWEEN: NANDAN DARSHAN A S/O A.C. DARSHA AGED ABOUT 26 YEARS R/O DOOR NO. 3371/1A RAMANASHREE, M.C.C. B BLOCK DAVANGERE, PRESENTLY R/AT PREMA ORCADE, 7TH MAIN P.J.EXTENSION, DAVANAGERE-577001. …PETITIONER (BY SRI. CHANDRASHEKAR P PATIL., ADVOCATE) AND: 1. A JYOTHI DARSHAN W/O A.C. DARSHAN AGED ABOUT 48 YEARS HOUSEHOLD 2. A.C. DARSHAN S/O A CHANDRAKANT AGED ABOUT 53 YEARS BOTH ARE R/AT #3371/1A III CROSS, MCC B BLOCK DAVANAGERE- 577001. 3. DR. B.A. VARADARAJ RAO H.O.D. DEPT. OF COMMUNITY MEDICINES S.S. INSTITUTE OF MEDICAL SCIENCE Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:16932 WP No. 31120 of 2024 ASHRIVAD, 8TH MAIN, 3RD CROSS MCC B BLOCK, DAVANAGERE - 577 001. 4. THE CITY CORPORATION P.B.ROAD, DAVANGERE - 577 001 REP. BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. BALARAM M L., ADVOCATE FOR R1: NOTICE TO R2 TO R4 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR TRIAL COURT RECORDS AND ISSUE A WRIT OF CERTIORARI QUASH THE ORDER DATED 27/02/2024 PASSED ON IA NO. 13 AND ORDER DATED 19/10/2024 PASSED ON IA NO. 19, BY THE 2ND ADDL. CIVIL JUDGE AND JMFC, DAVANAGERE, IN OS NO. 548/2011, PRODUCED AS ANNEXURE-A AND B AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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-proposed plaintiff challenging the order dated 27.02.2024 passed by the II Addl. Civil Judge & JMFC, Davanagere on I.A.No.XIII filed under Order 1 Rule 10(2) of CPC and order dated 19.10.2024 passed on I.A.No.XIX filed under Section 114 - 3 - NC: 2025:KHC:16932 WP No. 31120 of 2024 of CPC in O.S.No.548/2011, whereby the Trial Court has rejected the said applications. 2. The plaintiff filed the suit for declaration to declare that the act of defendant No.1 is taking up construction at points ‘ABCD’ in his property, without leaving the set back or marginal space of 3 feet towards the property of the plaintiffs as shown in rough sketch is contrary to the zoning regulations byelaws, rules and regulations of the local authority such as Davanagere Urban Development Authority (DUDA) and defendant No.2 and other consequential relief. During the pendency of the suit, plaintiff No.2, who is the GPA holder of plaintiff No.1 has sold the suit schedule property in favour of the proposed plaintiff No.3 vide registered sale deed dated 07.01.2023. On the basis of the said sale deed, the proposed plaintiff has filed I.A.No.XIII under Order 1 Rule 10(2) of CPC for impleading him as plaintiff No.3 to the suit. The plaintiff No.1 has filed objections denying the genuineness of the sale deed executed by plaintiff No.2, being the GPA holder - 4 - NC: 2025:KHC:16932 WP No. 31120 of 2024 of plaintiff No.1, in favour of proposed plaintiff. The plaintiff No.1 has objected for impleading the proposed plaintiff as plaintiff No.3 to the suit. The Trial Court by order dated 27.02.2024 has rejected the said application. Being aggrieved, the proposed plaintiff filed I.A.No.XIX under Section 114 of CPC seeking to review the order dated 27.02.2024 and consequently, to allow I.A.No.XIII. The Trial Court by order dated 19.10.2024 has rejected the said application. Being aggrieved by the said orders passed by the Trial Court, the present petition is filed. 3. Heard the learned counsel for the parties. Perused the writ papers. 4. If the proposed plaintiff is permitted to come on record as plaintiff No.3 to the suit, the interest of plaintiff No.1 and proposed plaintiff will become adverse to each other. In a suit, plaintiffs being dominus litis, have the right to select the persons against whom they want to seek releif. In the present case, the plaintiffs have - 5 - NC: 2025:KHC:16932 WP No. 31120 of 2024 specifically objected for impleading the proposed plaintiff as plaintiff No.3 to the suit. Considering this aspect of the matter, the Trial Court has rightly dismissed the applications. 5. Viewed from any angle, there is no error or illegality in the impugned orders passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. 6. Accordingly, the writ petition is dismissed. 7. All pending I.As., if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 55