- 1 - NC: 2025:KHC:7942 WP No. 36433 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 36433 OF 2024 (GM-CPC) BETWEEN: 1. SRI R BHOPAL REDDY S/O LATE D RAMACHANDRA REDDY AGED ABOUT 55 YEARS 2. SMT KAVYA B REDDY D/O R BHOOPAL REDDY AGED ABOUT 31 YEARS BOTH ARE R/AT NO.309 COLOSSEO VENTURE APARTMENT BEHIND H P PETROL BUNK MARATHHALLI BENGALURU-560037. …PETITIONERS (BY SRI. SADASHIVAIAH K G.,ADVOCATE) AND: 1. M/S ADITYA BIRLA RETAIL LTD., REP BY ITS MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT 5TH & 6TH FLOOR SKYLINE ICON 86/92 NORTH MITTAL INDUSTRIAL ESTATE ANDHERI-KURLA ROAD ANDHERI EAST MUMBAI-400059. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7942 WP No. 36433 of 2024 2. M/S MORE RETAIL PVT LTD REP BY ITS MANAGING DIRECTORS 6-3-562 TAJ DECCAN ROAD OFF BANJARA HILLS ROAD NUMBER 1 ERRAMANZIL COLONY SOMAJIGUDA HYDERABAD TELANGANA STATE-500082. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 11.09.2024 PASSED BY THE LEARNED XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.NO.3917/2021 IN REJECTING THE APPLICATION BEARING I.A.NO.03 FILED BY THE PETITIONERS UNDER ORDER I RULE 10(2) OF THE CODE OF CIVIL PROCEDURE, 1908 AT ANNEXURE-A 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 This writ petition is filed by plaintiff Nos. 1 and 2 under Article 227 of the Constitution of India, challenging the order dated 11.09.2024 passed by the XIX Additional City Civil and Sessions Judge (CCH-18), Bengaluru in O.S.No.3917/2021, rejecting IA No.3 filed by the petitioner under Order 1 Rule 10(2) r/w. Section 151 of CPC. - 3 - NC: 2025:KHC:7942 WP No. 36433 of 2024 2. The plaintiffs filed a suit for recovery of money. The defendant filed a written statement and contended that the ‘M/s.Aditya Birla Retail Limited’ has changed its name to ‘M/s.More Retail Private Limited’ with effect from 10.04.2019. In view of the above, the plaintiffs filed the above application to implead ‘M/s.More Retail Private Limited’ as defendant No.2. The trial court dismissed the said application on the ground that the plaintiffs, instead of seeking for replacement of ‘M/s.More Retail Private Limited’ in place of the defendant ‘M/s.Aditya Birla Retail Limited’ have filed an application for impleading, which is not maintainable. There is no error or illegality in the order passed by the trial court. 3. Accordingly, writ petition is dismissed reserving liberty to the petitioners to file necessary application for replacement of ‘M/s.More Retail Private Limited’ in place of the defendant – ‘M/s.Aditya Birla Retail Limited’ by deleting its original name. If such an application is filed, - 4 - NC: 2025:KHC:7942 WP No. 36433 of 2024 the trial court is directed to consider the same in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 36