- 1 - HC-KAR NC: 2025:KHC:39848 WP No. 15785 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15785 OF 2021 (GM-CPC) BETWEEN: 1. SRI SYED IBRAHIM SAB S/O LATE LALA MIYA SAB AGED ABOUT 64 YEARS. 2. SRI KASEEM S/O LATE KHADAR AGED ABOUT 46 YEARS. BOTH ARE RESIDING AT MUTHKUR VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI THEJESH P, ADV.) AND: 1. SRI SYED MADER SABI S/O LATE SYED LALAMIYA SABI AGED ABOUT 87 YEARS RESIDING AT MUTHKURU VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT. 2. SRI SYED NISSAR S/O LATE SYED MASTAN SABI AGED ABOUT 62 YEARS REIDING AT MUTHKURU VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39848 WP No. 15785 of 2021 3. SRI SYED ASLAM S/O SYED NISSAR AGED ABOUT 36 YEARS RESIDING AT MUTHKURU VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK BANGALORE RURAL DISTRICT. 4. SRI SYED AKRAM S/O SYED NISSAR AGED ABOUT 31 YEARS RESIDING AT MUTHKURU VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT. 5. SRI SYED ASSIF S/O SYED NISSAR AGED ABOUT 30 YEARS RESIDING AT MUTHKURU VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI M.V. CHANDRASHEKAR REDDY, ADV., FOR R-1; SRI RAVINDRANATH K, ADV., FOR R-2 TO R-5) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 22/02/2021 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, AT HOSKOTE UNDER ANNEXURE A, IN O.S.NO.81/2019 PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC HOSKOTE AND CONSEQUENTLY ALLOW THE APPLICATION IN I.A NOS. VIII, FILED BY THE PETITIONERS UNDER 1 RULE 10(2) AND SEC 151 OF CPC AT ANNEXURE G. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Learned counsel for the petitioners submits that earlier respondent no.1 herein had earlier filed O.S.No.29/2009 - 3 - HC-KAR NC: 2025:KHC:39848 WP No. 15785 of 2021 seeking very same relief as sought in the present suit i.e., O.S.No.81/2019 and the petitioners herein are defendant nos.1 and 3 in the said suit. By suppressing material fact, present suit is filed by respondent no.1 in collusion with other defendants in O.S.No.29/2009. It is under these circumstances, application was filed on behalf of the petitioners to implead them as plaintiffs in O.S.No.81/2019. He submits that, this petition may be dismissed as not pressed with liberty to the petitioners to file fresh application before the Trial Court in O.S.No.81/2019 to implead them as party defendants to the said suit. 2. The said submission is placed on record. The petition is dismissed as not pressed with liberty as prayed for. 3. All contentions urged by the parties are left open. 4. Pending interlocutory applications does not survive for consideration. Accordingly, the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 34