- 1 - NC: 2025:KHC:8259 WP No. 5548 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5548 OF 2025 (GM-CPC) BETWEEN: M BHASKAR S/O LATE MAREGOWDA AGED ABOUT 62 YEARS R/AT NO 25, LAKSHMIPURA VILLAGE DASANPURA HOBLI BENGALURU NORTH TALUK BENGALURU-562162 …PETITIONER (BY SRI. KUSHAL GOWDA., ADVOCATE) AND: 1. SMT H MUNILAKSHMI @ H LAKSHMI D/O LATE HANUMANTHAIAH W/O NANJE GOWDA AGED ABOUT 67 YEARS R/AT NO.8, 'SHREE PRADA' 20TH MAIN, J.C NAGAR MAHALAKSHMIPURAM KURUBARAHALLI BANGALORE -560086. 2. A.H THIMMARAYAPPA S/O LATE SANNA HANUMANTHAIAH AGED ABOUT 89 YEARS R/AT ADAKIMARANAHALLI VILLAGE DASANAPURA HOBLI BANGALORE NORTH TALUK-562162 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8259 WP No. 5548 of 2025 3. H.MAARAANJINI S/O LATE HANUMANTHAIAH AGED ABOUT 65 YEARS R/AT NO.1,8TH MAIN, JC NAGAR KURUBARAHALLI, BANGALORE-560086. 4. H. MAARE GOWDA S/O LATE HANUMANTHAIAH AGED ABOUT 61 YEARS R/AT ADAKIMARANAHALLI VILLAGE DASANAPURA HOBLI BANGALORE NORTH TALUK-562162. 5. H.RAJANNA S/O LATE HANUMANTHAIAH AGED ABOUT 59 YEARS R/AT ADAKIMARANAHALLI VILLAGE DASANAPURA HOBLI BANGALORE NORTH TALUK-562162. 6. H.KRISHNEGOWDA S/O LATE HANUMANTHAIAH AGED ABOUT 56 YEARS R/AT ADAKIMARANAHALLI VILLAGE DASANAPURA HOBLI BANGALORE NORTH TALUK-562162. 7. H.BHAGYA D/O LATE. HANUMANTHAIAH AGED ABOUT 55 YEARS R/AT RAAMOHALLI, KENGERI HOBLI BANGALORE NORTH TALUK-560074. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 10.02.2025 PASSED IN O.S. 654/2014 BY THE II ADDITIONAL SENIOR CIVIL JUDGE, - 3 - NC: 2025:KHC:8259 WP No. 5548 of 2025 NELAMANGALA (ANNEXURE-N) AND ALLOW I.A.NO. 12 IN ITS ENTIRETY 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 Article 227 of the Constitution of India is filed by the petitioner-proposed defendant No.7 challenging the order dated 10.02.2025 passed by the II Addl. Senior Civil Judge, Nelamangala, on I.A.No.XII filed by the proposed defendant No.7 under Order 1 Rule 10(2) of CPC in O.S.No.654/2014, whereby the Trial Court has dismissed the said application. 2. The plaintiff filed the suit for partition and separate partition. During the pendency of the suit, the proposed defendant No.7 has filed I.A.No.XII under Order 1 Rule 10(2) of CPC seeking to implead him as defendant No.7 to the suit on the ground that in the suit item No.1 of the - 4 - NC: 2025:KHC:8259 WP No. 5548 of 2025 property, he is also one of the applicant in the grant of land; the plaintiffs suppressing this fact has included the said property to the suit in order to obtain a decree and therefore, he is a necessary and proper party to the suit. The Trial Court by impugned order has dismissed the said application. Being aggrieved by the said order, the present petition is filed. 3. Heard the learned counsel for the petitioner. 4. The suit is filed for partition and separate possession. The proposed defendant No.7 has filed I.A.No.XII under Order 1 Rule 10(2) of CPC seeking to implead him as defendant No.7 to the suit. The impleading applicant is neither the member of the joint family nor having rights over the suit schedule property. The plaintiff, being the dominus litis has the primary right to determine who is a necessary party and he cannot be compelled to implead a stranger to the suit against his will. Hence, the applicant is - 5 - NC: 2025:KHC:8259 WP No. 5548 of 2025 not a necessary or proper party to the suit. Therefore, the Trial Court has rightly dismissed the application. 5. Viewed from any angle, there is no error or illegality in the order 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. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 1