- 1 - HC-KAR NC: 2025:KHC:45851 WP No. 11238 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 11238 OF 2021 (GM-CPC) BETWEEN: 1. G R MANJULA, D/O LATE RAMACHANDRA NAYAK G, W/O MANJUNATHA G, AGED ABOUT 44 YEARS, R/O NO. 331, EWS CITB HOUSE, 2ND STAGE, KUVEMPUNAGAR, MYSURU - 570 001. …PETITIONER (BY SRI. NARENDRA GOWDA., ADVOCATE) AND: 1. REVANNA G, S/O GIRIGOWDA R, AGED ABOUT 45 YEARS, R/O NO. 317, 9TH CROSS, E AND F BLOCK, RAMAKRISHNANAGARA, CHAMARAJA MOHALLA, MYSURU - 570 001. 2. SMT. MUNIVENKATAMMA, W/O LATE RAMACHANDRANAYAKA, AGED ABOUT 66 YEARS, R/O KENCHALAGUDU, JAYAPURA HOBLI, MYSURU TALUK, MYSURU - 571 001. …RESPONDENTS (BY SMT.AISHWARYA., ADVOCATE FOR SRI.RAJESHWARA P.N., ADOVATE) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45851 WP No. 11238 of 2021 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 23.02.2021 PASSED BY THE VII ADDL. SENIOR CIVIL JUDGE AND JMFC, MYSURU IN O.S.NO.843/2018 AS PER ANNX-E AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This writ petition under articles 226 and 227 of the Constitution of India is filed with a prayer to set aside the order dated 23.02.2021 passed on I.A.No.4 filed by the petitioner herein in O.S.No.843/2018 by the Court of III Additional Senior Civil Judge, Mysore. 2. Heard the learned counsel for the parties. 3. Suit in O.S.No.843/2018 is filed by respondent No.1 herein against respondent No.2 herein for recovery of money of Rs.91,20,000/- along with future interest at the rate of 24% p.a., till realization of the amount. In the said suit, respondent No.2 herein who was the sole defendant had entered appearance and had filed a detailed written statement denying the suit claim. I.A.No.4 is filed by the - 3 - HC-KAR NC: 2025:KHC:45851 WP No. 11238 of 2021 petitioner herein under Order 1 Rule 10(2) of CPC with a prayer to implead her as party defendant No.2 in the suit. The said application was opposed by the plaintiff and the Trial Court vide order impugned has dismissed I.A.No.4 and being aggrieved by the same petitioner is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow this petition. 5. Per contra, learned counsel appearing for respondent No.1 has opposed the petition. 6. Perusal of the material on record would go to show that, petitioner is the daughter of the defendant in the present suit. Suit in O.S.No.843/2018 is filed by respondent No.1 against defendant seeking the relief of recovery of money and there is no other prayer in the plaint, except the prayer for recovery of money to the tune of Rs.91,20,000/- with interest. Petitioner has sought her impleadment in the suit on the ground that the property - 4 - HC-KAR NC: 2025:KHC:45851 WP No. 11238 of 2021 which is allegedly pledged by her mother for availing the loan from the plaintiff belongs to her father and petitioner has also a right and share over the said property. 7. The Trial Court having appreciated the fact that there is no relief sought for in the suit against any property has rightly rejected the prayer made by the petitioner in I.A.No.4. For the relief sought for in the suit, the petitioner is not a necessary or proper party and therefore, the Trial Court was fully justified in dismissing I.A.No.4. I do not find any illegality or irregularity in the said order. Accordingly, the writ petition is dismissed. 8. In view of the disposal of the writ petition, I.A.No.1/2025 does not survive for consideration. Accordingly, the same is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR/List No.: 1 Sl No.: 11