- 1 - HC-KAR NC: 2025:KHC:48842 WP No. 5384 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5384 OF 2024 (GM-CPC) BETWEEN: DR. N. MAHESH S/O SRI NARAYANA SHERVEGARA AGED ABOUT 44 YEARS R/AT SHREE RAM, KOTTIKAL AYURVAIDYASHAALA, PARAMAPALLI BRAMHAVARA TALUK UDUPI - 576 213. …PETITIONER (BY SRI AJITH A SHETTY, ADV.) AND: 1. LATE SMT. JAYASHREE MADHYASTHA SINCE DECEASED BY HER LRS SMT. APARNA D/O LATE JAYASHREE MADHYASTHA AGED ABOUT 49 YEARS. 2. SMT. ARCHANA D/O LATE JAYASHREE MADHYASTHA AGED ABOUT 45 YEARS. 3. SRI BHASKARA MADHYASTHA S/O LATE JAYASHREE MADHYASTHA AGED ABOUT 42 YEARS. RESPONDENTS ARE RESIDING AT C/O ANANDARAMA MADHYASTHA GIRIBHASKARA, PARAMPALLI VILLAGE SALIGRAMA, BRAMHAVARA TALUK UDUPI - 576 213. …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48842 WP No. 5384 of 2024 (BY SRI PRABHAKAR L SHETTY, ADV., FOR R-1 TO R-3) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 11.12.2023 PASSED BY HONBLE SENIOR CIVIL JUDGE AT KUNDAPURA IN O.S.NO.21 OF 2020 AS PER ANNX-E TO THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition is filed by the plaintiff with a prayer to set aside the order dated 11.12.2023 passed on IA-11 in O.S.No.21/2020 by the Court of Senior Civil Judge at Kundapura. 2. Heard the learned Counsel for the parties. 3. O.S.No.21/2020 is filed by the petitioner herein before the jurisdictional Civil Court seeking the relief of specific performance of the agreement for sale dated 06.06.2016. The defendants had filed their written statement and opposed the suit claim. Subsequently, IA-11 was filed on behalf of the plaintiff to implead the proposed defendants named in the application as defendant nos.2 to 7 in the suit. The said application was dismissed by the Trial Court vide the order - 3 - HC-KAR NC: 2025:KHC:48842 WP No. 5384 of 2024 impugned and being aggrieved by the same, plaintiff is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that the Trial Court has rejected the application without even issuing notice to the proposed defendants. The original defendants had not even opposed the prayer made in the application. Accordingly, he prays to allow the petition. 5. Per contra, learned Counsel for the respondents who are the original defendants in the suit submits that he has no objection to allow the petition. 6. Perusal of the material on record would go to show that the Trial Court had not issued notice to the proposed defendants in IA-11 and has dismissed the application mainly on the ground that petitioner is required to primarily prove the execution of agreement for sale dated 06.06.2016, and therefore, the presence of the proposed defendants is not necessary. - 4 - HC-KAR NC: 2025:KHC:48842 WP No. 5384 of 2024 7. According to the learned Counsel for the respondents herein, agreement for sale dated 06.06.2016 was executed by defendant no.1 on behalf of herself and also on behalf of the proposed defendants who are her siblings. Therefore, the Trial Court ought to have issued notice on IA-11 to the proposed defendants before considering the application. Under the circumstances, I am of the considered opinion that the impugned order cannot be sustained. Accordingly, the following order: 8. Writ petition is allowed. The impugned order dated 11.12.2023 passed on IA-11 in O.S.No.21/2020 by the Court of Senior Civil Judge at Kundapura, is set aside. The Trial Court is directed to consider the application - IA-11 afresh after issuing notice on the said application to the proposed defendants. Sd/- (S VISHWAJITH SHETTY) JUDGE KK