- 1 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5754 OF 2025 (CPC) BETWEEN: 1. SMT CHANDRAPRABHA D/O LATE LAKSHMIDEVI, W/O H C SHASHIKANTH, AGED ABOUT 70 YEARS, OCC HOUSEHOLD AND BUSINESS, R/AT NO. 16/11, BMK LAYOUT, VITTAL NAGAR, 2ND MAIN, 9TH CROSS, BENGALURU 560026. 2. SMT SWAYAM PRABHA D/O LATE LAKSHMIDEVI, W/O SRI D G SHANKAR, AGED ABOUT 61 YEARS, OCC HOUSEHOLD AND BUSINESS, R/AT NO. 140, 6TH CROSS, 2ND FLOOR, BAPUJI LAYOUT, CHANDRA LAYOUT, BENGALURU 560040. 3. SMT SATHYA PRABHA D/O LATE LAKSHMIDEVI, W/O H S RAJAGUNDU, AGED ABOUT 60 YEARS, OCC HOUSEHOLD AND BUSINESS, R/AT NO. 117, 4TH CROSS ROAD GEOLOGY LAYOUT, ITI EMPLOYEES LAYOUT ANNAPOORNESHWARINAGAR, BENGALURU 560 072. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 4. SMT SAVITHRI D/O LATE LAKSHMIDEVI, W/O S S MANJUNATH, AGED ABOUT 56 YEARS, OCC HOUSEHOLD AND BUSINESS, R/AT NO. 23, 1ST ANJANEYA TEMPLE STREET, LINK ROAD, SESHADRIPURAM, BENGALURU 560020. …APPELLANTS (BY SMT. KALPANA C., ADVOCATE) AND: 1. 1(A) SRI K L RAMACHANDRA SA S/O LATE K LAKSHMAN SA, (SINCE DIED BY LRS) SRI K NITYANANDA, S/O SRI K L RAMACHANDRA SA, OCCUPATION BUSINESS, AGED ABOUT MAJOR, R/O NO. 9, SHESHADRI ROAD, GANDHINAGAR, BANGALORE 560009. 1(B) SRI K R DAYANANDA S/O SRI K L RAMACHANDRA SA OCCUPATION BUSINESS, AGED ABOUT MAJOR, R/O NO. 9, SHESHADRI ROAD, GANDHINAGAR, BANGALORE 560009. 2. SMT PADMAVATI W/O LATE NARAYAN SA, AGED ABOUT 78 YEARS, OCC HOUSEHOLD AND BUSINESS, KLN HOUSE NO. 72/1-5, CUNNIGHAM ROAD, NEAR HOODI APARTMENTS, BENGALURU 560001. 3. SMT SUVARNA D/O LATE NARAYAN SA, - 3 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 W/O SRI KRISHNA AGED ABOUT 65 YEARS, OCC HOUSEHOLD AND BUSINESS, R/AT NEW NO. 34, OLD NO. 27, 2ND MAIN ROAD, 7TH CROSS, N R COLONY, BENGALURU 560001. 4. SRI K N ESHWAR S/O LATE NARAYAN SA, AGED ABOUT 61 YEARS, OCC BUSINESS, KLN HOUSE NO. 72/1-5, CUNNINGHAM ROAD, NEAR HOODI APARTMENTS, BENGALURU 560001. 5. SRI K N VENKUSA S/O LATE NARAYAN SA, AGED ABOUT 59 YEARS, OCC BUSINESS, KLN HOUSE NO. 72/1-5, CUNNINGHAM ROAD, NEAR HOODI APARTMENTS, BENGALURU 560001. 6. SMT. ANURADHA D/O LATE NARAYAN SA W/O SRI. AMARNATH AGED ABOUT 58 YEARS OCC. HOUSEHOLD AND BUSINESS R/AT NO. 30, ANGADI BEEDHI, NEAR MALLIKARJUN TEMPLE, BASAVANGUDI, BENGALURU 560004. 7. SRI.K.N.MADHUSUDHAN S/O LATE NARAYAN SA AGED ABOUT 59 YEARS OCC BUSINESS KLN HOUSE, NO. 72/1-5, CUNNINGHAM ROAD, NEAR HOODI APARTMENTS BENGALURU 560001. - 4 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 8. SMT. RAJALAKSHMI W/O. LATE SRI. K.L SRIHARI AGED ABOUT 70 YEARS, OCC HOUSEHOLD AND BUISNESS R/AT. NO.9, SESHADRI ROAD, GANDHINAGAR, BENGALURU-560009. 9. SRI. K.H. GURUNATH S/O. LATE SRI. K.L. SRIHARI AGED ABOUT 57 YEARS, OCC BUISNESS R/AT. NO.9, SESHADRI ROAD, GANDHINAGAR, BENGALURU-560009. 10. SMT. DHANALAKSHMI D/O. LATE SRI. K.L. SRIHARI W/O. SRI KISHAN S. MAGAJI AGED ABOUT 55 YEARS, OCC HOUSEHOLD AND BUISNESS R/AT. 603, 6TH 'A' MAIN, 11TH CROSS, 3RD PHASE, J.P. NAGAR, BENGALURU-560078. 11. SRI. K.H. SRINIVAS S/O. LATE SRI K.L. SRIHARI AGED ABOUT 54 YEARS, OCC BUISNESS R/AT. NO.9, SESHADRI ROAD, GANDHINAGAR, BENGALURU-560009. 12. SRI. K.H. RADHESHYAM S/O. LATE SRI. K.L. SRIHARI AGED ABOUT 52 YEARS, OCC BUISNESS R/AT. NO.9, SESHADRI ROAD, GANDHINAGAR, BENGALURU-560009. 13. SMT. HEMAMALINI D/O. LATE SRI K.L. SRIHARI W/O. SRI. GIRIDHAR JITHURI AGED ABOUT 42 YEARS, - 5 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 OCC HOUSEHOLD AND BUISNESS R/AT. NO.405, 10TH CROSS, 5TH MAIN, RMV EXTENSION, 2ND STAGE, DOLLARS COLONY, NEW BEL ROAD, BENGALURU-560094. 14. SMT. VIJAYANTHIMALA D/O. LATE SRI. K.L. SRIHARI W/O. SRI. RAGHAVENDRA AGED ABOUT 38 YEARS, OCC: HOUSEHOLD AND BUISNESS R/AT. NO.123, RMV EXTENSION, 2ND STAGE, 2ND MAIN ROAD, 7TH CROSS, DOLLARS COLONY, NEW BEL ROAD, BENGALURU-560094. 15. 15(A) SRI. K.L. ANANTHA PADMANABHASA S/O. LATE SRI K. LAKSHMANASA AGED ABOUT 77 YEARS, OCC BUISNESS R/AT. NO.9, SESHADRI ROAD, GANDHINAGAR, BENGALURU-560009. AND ALSO R/AT. NO.11, RACE COURSE ROAD, OPP. RAILWAY DIVISIONAL OFFICE, BENGALURU-560009. (SINCE DECEASED BY HIS LR'S) SMT. A MANJULA W/O SRI M M ANANTHAMURTHY D/O SRI K.L.A. PADMANABHASA OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO. 360, 7TH CROSS, FIRST MAIN M.S. RAMAIAH NORTH CITY, THANISANDRA MAIN ROAD, BANGALORE – 560077 - 6 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 15(B). 15(b- A) SMT. K R SRIDEVI W/O SRI RAMACHANDRA D/O SRI K.L.A. PADMANABHASA OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO. 156, 3RD MAIN 10TH CROSS, RMV 2ND STAGE, DOLLARS COLONY BANGALORE 560094 (SINCE DECEASED BY HER LR'S) SRI.K.G.RAMACHANDRA S/O K.V.GOVINDSA HUSBAND OF LATE SMT.K.R.SRIDEVI AGED ABOUT 67 YEARS OCCUPATION BUSINESS R/AT NO. 156, 10TH CROSS, RMV 2ND STAGE, NEAR RMV CLUB, BANGALORE 560 094. 15(b- B) SRI.K.R. VENKUSA S/O K.G. RAMACHANDRA SON OF LATE SMT.K.R.SRIDEVI AGED ABOUT 40 YEARS OCCUPATION EMPLOYED R/AT NO. 156, 10TH CROSS, RMV 2ND STAGE, NEAR RMV CLUB, BANGALORE 560 094. 15 (b- C) SMT.SUGATRI PAWAR W/O SRI. PRAVEEN PAWAR DAUGHTER OF LATE SMT.K.R.SRIDEVI AGED ABOUT 38 YEARS OCCUPATION HOUSEWIFE R/AT NO. 156, 10TH CROSS, RMV 2ND STAGE, NEAR RMV CLUB, BANGALORE 560 090. 15(b- D) SRI. K.R.KRISHNA S/O K.G.RAMACHANDRA SON OF LATE SMT.K.R.SRIDEVI AGED ABOUT 36 YEARS OCCUPATION BUSINESS, R/AT NO. 156, 10TH CROSS, RMV 2ND STAGE, NEAR RMV CLUB BANGALORE 560 090. - 7 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 15(C) SMT. S M VIDYAVATHI W/O SRI S.G. MANJUNATH OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO. 158, 3RD MAIN 10TH CROSS, RMV 2ND STAGE, DOLLARS COLONY BANGALORE 560094 15(D) SRI. K P GHANASHYAM S/O SRI K.L. ANANTHA PADMANABASA OCCUPATION BUSINESS AGED ABOUT MAJOR R/O NO.9 SHESHADRI ROAD, GANDHINAGAR, BANGALORE – 560009 16. SRI. K.L. SWAMY S/O. LATE SRI K. LAKSHMANASA AGED ABOUT 71 YEARS, OCC BUISNESS R/AT. NO.9, SESHADRI ROAD, GANDHINAGAR, BENGALURU-560009. AND ALSO R/AT. NO.17, 7TH MILE, BREWERY HOUSE, KONANAKUNTE, KANAKAPURA ROAD, BENGALURU-560062. 17. 18. SMT. GOWRAMMA D/O LATE. K. LAKSHMAN SA W/O SRI. CHANDRAMOHAN AGED ABOUT MAJOR R/AT RANGARAO ROAD, OPPOSITE SHILPA APARTMENTS, SHANKARPURAM, BENGALURU 560004 (SINCE DECEASED BY HER LR'S) SRI. M.M. ANANTHAMURTHY S/O LATE SMT. LAKSHMIDEVI AND LATE SRI M.S. MAHAVEERASA AGED ABOUT 62 YEARS, OCC HOUSEHOLD AND BUSINESS - 8 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 R/AT. NO.360, 1ST MAIN, 7TH CROSS, M.S. RAMAIAH NORTH CITY, THANISANDRA MAIN ROAD, BENGALURU-560077. 19. SMT. SURYAPRABHA D/O LATE. SMT. LAKHSMIDEVI W/O. S D MUNISWAMY, AGED ABOUT 52 YEARS, OCC HOUSEHOLD AND BUSINESS R/AT. NO.40/1, 3RD MAIN, 11TH CROSS, LAKSHMINARAYANAPURA, BENGALURU-560021. 20. PRESTIGE ESTATE PROJECTS LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 'FALCON HOUSE', NO.1, MAIN GUARD CROSS ROAD, BENGALURU-560001. REP. BY ITS MANAGING DIRECTOR, MR. IRFAN RAZACK. 21. SRI. K R NITYANANDA S/O SRI K L RAMACHANDRA SA OCCUPATION BUSINESS, AGED ABOUT MAJOR R/O NO.9 SHESHADRI ROAD, GANDHINAGAR, BANGALORE – 560009 22. SRI. KR DAYANANDA S/O SRI K L RAMACHANDRA SA OCCUPATION BUSINESS AGED ABOUT MAJOR R/O NO.9 SHESHADRI ROAD, GANDHINAGAR, BANGALORE – 560009 23. SRI. KP GHANASHYAM S/O SRI K.L. ANANTHA PADMANABASA OCCUPATION BUSINESS AGED ABOUT MAJOR, R/O NO.9 SHESHADRI ROAD, GANDHINAGAR, BANGALORE 560009 - 9 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 24. SRI. K S GIRIDHAR S/O SRI K.L. SWAMY OCCUPATION BUSINESS AGED ABOUT MAJOR, R/O NO.9 SHESHADRI ROAD, GANDHINAGAR, BANGALORE – 560009 25. SRI. K S BRIJMOHAN S/O SRI K.L. SWAMY OCCUPATION BUSINESS AGED ABOUT MAJOR R/O NO.9 SHESHADRI ROAD, GANDHINAGAR, BANGALORE – 560009 26. SMT. UMA MAHESHWARI W/O SRI. K.R. NITYANANDA OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO.9 SHESHADRI ROAD, GANDHINAGAR, BANGALORE-560009 27. SMT. SUNITHA S/O SRI. K.H. GURUNATH OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO.9 SHESHADRI ROAD, GANDHINAGAR, BANGALORE-560009 28. SMT. PADMAVATI W/O SRI K.H. SRINIVAS OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO.9, SHESHADRI ROAD, GANDHINAGAR, BANGALORE 560009 29. SMT. JAYALAKSHMI W/O SRI K.P. GHANASHYAM OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO.9 SHESHADRI ROAD, GANDHINAGAR, BANGALORE-560009 30. SRI. SAHASRARJUN S/O SRI K.P. GHANASHYAM - 10 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO.9 SHESHADRI ROAD, GANDHINAGAR, BANGALORE – 560009 31. SMT. A MANJULA W/O SRI M M ANANTHAMURTHY D/O SRI K.L.A. PADMANABHASA OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO. 360, 7TH CROSS, FIRST MAIN M.S. RAMAIAH NORTH CITY, THANISANDRA MAIN ROAD, BANGALORE-560077 32. SMT. KR SRIDEVI W/O SRI RAMACHANDRA D/O SRI K.L.A. PADMANABHASA OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO. 156, 3RD MAIN 10TH CROSS, RMV 2ND STAGE, DOLLARS COLONY BANGALORE 560094 33. SMT. S M VIDYAVATHI W/O SRI S.G. MANJUNATH OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO. 158, 3RD MAIN 10TH CROSS, RMV 2ND STAGE, DOLLARS COLONY BANGALORE 560094 34. SMT. MEERA S MEHARWADE W/O SRI SRIKANTH MEHARWADE D/O SRI K.L. SWAMY OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO. 215, SHIVAGANGA LAYOUT, KUSUGAL ROAD, KESHWAPUR, HUBLI-580023 - 11 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 35. SMT. S M DEEPA W/O SRI SATISH MEHERWADE D/O SMT. GOWRAMMA OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO. 38/2, RANGA RAO ROAD, OPP. SHILPA APARTMENT, SHANKARPURAM, BANGALORE – 560004 36. MT. K R HARIPRIYA W/O SRI. K.H. RAMAKRISHNA OCCUPATION HOUSEHOLD AND BUSINESS AGED ABOUT MAJOR R/O NO. 38/2, RANGA RAO ROAD, OPP. SHILPA APARTMENT, SHANKARPURAM, BANGALORE – 560004 37. L K TRUST (LAKSHMAN SA KHODAY TRUST) HAVING IT'S OFFICE AT NO.9 SHESHADRI ROAD, GHANDHINAGAR, BANGALORE-560009 AND ALSO AT NO. 101, INFANTRY ROAD, OPP. GEM PLAZA BANGALORE 560001 REPRESENTED BY SRI K.L. SWAMY 38. KHODAY RCA INDUSTRIES HAVING IT'S OFFICE AT NO.10 RACE COURSE ROAD, BANGALORE 560001 REPRESENT BY DULY AUTHORIZED PARTNER SRI K.L. SWAMY 39. KHODAY ESHWARSA AND SONS HAVING IT'S OFFICE AT NO.10 RACE COURSE ROAD, BANGALORE 560001 REPRESENT BY DULY AUTHORIZED PARTNER SRI K.L. SWAMY 40. M/S ACQUA BOREWELLS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE - 12 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 AT CHAMBER OF COMMERCE BUILDING, KEMPE GOWDA ROAD, BANGALORE 560009 ALSO AT NO.9, SHESHADRI ROAD, GHANDINAGAR, BANGALORE - 560009 REPRESENTED BY SRI K.L. SWAMY 41. M/S SPRING BOREWELLS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT R/O NO.9 SHESHADRI ROAD, GANDHINAGAR, BANGALORE – 560009 42. M/S KHODAY BREWERIES PVT LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT BREWERY HOUSE 7TH MILE STONE KANAKAPURA MAIN RAOD, KONANAKUNTE CROSS, BANGALORE REPRESENTED BY ITS DIRECTOR SRI K.L. SWAMY 43. KHODAY INDIA LIMITED HAVING ITS REGISTERED OFFICE AT KANANAYAKANA AGRAHARA, ANEKAL TALUK. BANGALORE URBAN DISTRICT, BANGALORE REPRESENTED BY ITS EXECUTIVE DIRECOTR SRI K.L. SWAMY 44. KHODAY DISTILLERIES PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO.9, SHESHADRI ROAD, GHANDINAGAR, BANGALORE-560009 REPRESENTED BY ITS EXECUTIVE DIRECTOR, SRI K.L. SWAMY - 13 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 45. KHODAY INDUSTRIES PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO.9, SHESHADRI ROAD, GHANDINAGAR, BANGALORE-560009 REPRESENTED BY ITS EXECUTIVE DIRECTOR, SRI K.L SWAMY 46. L LAKSHMANSA AND CO S/O SRI K L RAMACHANDRA SA OCCUPATION BUSINESS AGED ABOUT MAJOR R/O NO.9 SHESHADRI ROAD, GANDHINAGAR, BANGALORE – 560009 47. VORA REALITY PVT LTD, COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT NO. 220, ARUN CHAMBERS, TARDEO ROAD, MUMBAI 400034 AND ITS BANGALORE OFFICE AT NO.237, RAJNIGANDHA GARDEN APARTMENTS, NO.21 VITTAL MALLYA ROAD, BANGALORE - 560001 REPRESENTED BY ITS DIRECTOR SRI SACHIN VORA 48. PRESTIGE NOTTINGHILL INVESTMENTS A PARTNERSHIP FIRM, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT THE FALCON HOUSE NO. 1, MAIN GUARD CROSS, ROAD, REPRESENTED BY ITS MANAGING PARTNER MR. IRFAN RAZACK …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.17.03.2025 PASSED ON IA NO. 33 IN O.S.NO.4709/2019 ON THE FILE OF THE XIV ADDITIONAL CITY CIVIL AND SESSION S JUDGE, BENGALURU CCH-28, DISMISSING THE IA.NO.33 FILED UNDER ORDER 1 RULE 10 OF CPC. - 14 - HC-KAR NC: 2025:KHC:30325 MFA No. 5754 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The impugned order is rejection of application on I.A.No.33, filed under Order 1 Rule 10 of CPC, to implead the proposed defendants. The office has rightly raised objections regarding the maintainability of the appeal. Hence, the appeal is dismissed as not maintainable with liberty to file appropriate petition before the appropriate Court. Liberty is reserved as such. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SKS List No.: 1 Sl No.: 16