- 1 - NC: 2025:KHC:464 WP No. 33044 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33044 OF 2024 (GM-CPC) BETWEEN: SRI. B S VENUGOPAL S/O SRI M L SHANKAR AGED ABOUT 51 YEARS R/AT NO. 27, SHARADA NIVAS NEXT TO DESAI GARDEN VASANTHAPURA DODDAKALLASANDRA POST UTTARAHALLI HOBLI BENGALURU 560 062 …PETITIONER (BY SRI. CHANDRACHUD A.,ADVOCATE) AND: 1. SRI. N NAGARAJU S/O NARAYANAPPA AGED ABOUT 63 YEARS RESIDING AT VASANTHAPURA VILLAGE SUBRAMANYAPURA POST UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU 560 061. 2. SRI SHESHMAL JAIN S/O MIYACHAND JAIN AGED ABOUT 90 YEARS RESIDING AT DOOR NO. 22 EAST ANJANEYA TEMPLE STREET BASAVANAGUDI, BENGALURU 560 004. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:464 WP No. 33044 of 2024 3. SMT. N JAYALASKHMI W/O R M RAMACHANDRA D/O NARAYANAPPA AGED ABOUT 68 YEARS RESIDING AT NO. 323 RAGHAVANAPALYA J P NAGAR, 9TH PHASE GOTTIGERE POST, BENGALURU 560 083 …RESPONDENTS (BY SRI. V VIJYASHEKARA GOWDA., ADVOCATE C/R1: NOTICE TO R2 & R3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED. 22.11.2024 PASSED ON I.A.NO. 1/2023 FILED UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC IN O.S.NO. 9544/2015 BY THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-53) AT BENGALURU AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 22.11.2024 passed by the LII Addl. City Civil & Sessions Judge, Bengaluru, on I.A.No.1/2023 filed under Order 1 Rule 10(2) read with Section 151 of CPC in O.S.No.9544/2015, whereby the Trial Court has dismissed the said application. - 3 - NC: 2025:KHC:464 WP No. 33044 of 2024 2. The plaintiff filed the suit for declaration and other consequential relief. When the matter was set down for evidence, during chief-examination of DW-1, in the affidavit, a specific contention has been taken that the legal representatives of deceased M.L.Ramachandra Gowda are necessary parties and they have not been arrayed as parties to the suit. Accordingly, the plaintiff filed I.A.No.1/2023 for impleading the legal representatives of deceased M.L.Ramachandra Gowda as parties to the suit. After service of notice to the legal representatives of deceased Ramachandra Gowda, they have appeared through their counsel, but they have not filed any objection to the application to implead them as parties to the suit. However, the Trial Court by impugned order has dismissed the said application. Hence, the petitioner is present before this Court. 3. The learned counsel for petitioner-plaintiff submits that in respect of the very same property, M.L.Ramachandra Gowda had filed O.S.No.6183/1997. In - 4 - NC: 2025:KHC:464 WP No. 33044 of 2024 that case, he has disputed the sale deed executed by him in favour of respondent No.1/defendant No.1. Therefore, he contended that legal representatives of deceased M.L.Ramachandra Gowda are necessary parties to the suit. 4. Be that as it may, respondent No.1 herein has been examined as DW-1 and in his evidence by way of chief- examination, in the affidavit, he has taken a specific contention that legal representatives of deceased M.L.Ramachandra Gowda are necessary parties and they are not arrayed as parties to the suit. 5. Therefore, taking into consideration the nature of the suit, it appears that the legal representatives of deceased M.L.Ramachandra Gowda are necessary and proper parties to the suit and they have also not objected for impleading them as parties to the suit. However, the learned Trial Judge has not adopted right approach to the real state of affairs and has not exercised the discretion under Order 1 Rule 10 of CPC and has erred in dismissing the application. - 5 - NC: 2025:KHC:464 WP No. 33044 of 2024 Hence, the impugned order is liable to be set aside. Accordingly, the following the order is passed: ORDER a) The writ petition is allowed. b) The order dated 22.11.2024 passed by LII Addl. City Civil & Sessions Judge, Bengaluru on I.A.No.1/2023 filed under Order 1 Rule 10(2) of read with Section 151 of CPC in O.S.No.9544/2015 is set aside. c) I.A.No.1/2023 is allowed. The legal representatives of deceased M.L.Ramachandra Gowda are permitted to come on record. d) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 20