- 1 - HC-KAR NC: 2025:KHC-D:9391 WP No. 107860 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107860 OF 2024 (GM-CPC) BETWEEN: 1. ANAND PETER S/O. VINCENT KIRBY, AGE: 58 YEARS, OCC: BUSINESS, R/O: (NRIC NO. 250727-71) (OLD NRIC NO.11460323) OF NO. 93, JALAN SS 5/1, TAMAN KELANA JAYA 47301, SELANGOR DARUL ESHAN, MALAYSIA. 2. SUSHEELA D/O. VINCENT KIRBY, AGE: 51 YEARS, OCC: HOUSEHOLD, R/O (NRIC NO. 61224-10-6613), NO: 93, JALAN SS 5/1, TAMAN KELANA JAYA 47301, SELANGOR DARUL ESHAN, MALAYSIA. 3. LEELA D/O. VINCENT KIRBY, AGE: 56 YEARS, OCC: HOUSEHOLD, R/O: (NRIC NO. 61224-10-6613) NO: 93, JALAN SS 5/1, TAMAN KELANA JAYA 47301, SELANGOR DARUL ESHAN, MALAYSIA. 4. MANGALROSE D/O. VINCENT KIRBY, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O: (NRIC NO. 61224-10-6613) NO: 93, JALAN SS 5/1, TAMAN KELANA JAYA 47301, SELANGOR DARUL ESHAN, MALAYSIA. PET.1 TO 4 R/BY THEIR G.P.A. HOLDER. EMMANUEL PAVITRADARSHAN DAYAL S/O. BARNBAS. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Date: 2025.08.01 15:07:38 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9391 WP No. 107860 of 2024 AGE: 67, OCC: REITRED, LTD. COLONEL, R/O: NO. 52, MARSHAL VILLA, BANGALORE – 560 007. …PETITIONERS (BY SRI. SANTOSH NARGUND, ADVOCATE) AND: 1. THE COMMISSIONER, HUBBALLI DHARWAD MUNCIPAL, CORPORATION – 580 024. 2. DEPUTY DIRECTOR CITY PLANNING, HUBBALLI DHARWAD MUNCIPAL CORPORATION, HUBBALLI – 580 024. 3. SRI. VENKAREDDI S/O. RANGAREDDI KIRESUR, AGE: 68 YEARS, OCC: BUSINESS, R/O: VENKAAATARADDI HEIGHTS, UNKAL CROSS, HUBBALLI – 580 025. …RESPONDENTS (BY SRI. R.H.ANGADI, ADVOCATE FOR R1 & R2; SRI. SIDDARAJ P. PATIL, ADVOCATE FOR C/R3; SRI. RAJASHEKHAR BURJI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI IN O.S.NO.153/2017 DATED 19/10/2024 ON IA FILED UNDER ORDER 1 RULE 10(2) R/W S.151 OF CPC AS PER ANNEXURE-E AND I.A.NO.I, MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9391 WP No. 107860 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Writ of Certiorari quashing the order passed by the I Additional Senior Civil Judge and JMFC, Hubballi in O.S.No.153/2017 dated 19/10/2024 on IA filed under order 1 Rule 10(2) R/w S.151 of CPC as per Annexure-E and I.A. No. I, may kindly be allowed in the interest of justice and equity. b. Issue any other appropriate Writ or Order or direction which deems fit to grant by this Hon’ble Court, in the facts and circumstances of the case. 2. A suit for declaration and injunction has been filed in O.S. No.153 of 2017 before the I Additional Senior Civil Judge and JMFC, Hubballi. The petitioners have filed an application for being impleaded under Order I Rule 10 (2) of the Code of Civil Procedure (for short ‘CPC’) and the said application having been rejected by an order dated 19.10.2024 at Annexure-E, the petitioners are before this Court seeking for aforesaid reliefs. - 4 - HC-KAR NC: 2025:KHC-D:9391 WP No. 107860 of 2024 3. The submission of Sri Santosh Naragund, learned counsel for the petitioners, is that the petitioners have an interest in the subject properties and the same was owned by the grandfather Sri Vincent S/o Devapriya Karabi, and as such, they were required to be impleaded in the said suit. His submission is that once the petitioners were impleaded, all the documents in support of their case, would have been furnished. The trial Court ought to have first permitted the petitioners to come on record and thereafter, during the course of evidence, permitted the petitioners to furnish the documents. 4. Shri Rajashekhar Burji., learned counsel appearing for respondent No.3, who was the plaintiff in the said suit, submits that the rights of the grandfather of the petitioners in O.S.No.87 of 1995, have been held against the grandfather of the petitioners and as such, the petitioners cannot claim any right there under. - 5 - HC-KAR NC: 2025:KHC-D:9391 WP No. 107860 of 2024 5. Surprisingly, though, both the counsels have made their submissions on the basis of earlier proceedings; none of those documents had been placed on record by either of the parties before the trial Court. Hence, the trial Court by considering that the petitioners had not placed any documents to indicate that they have a right in the property and the oral arguments, which had been advanced, were not supported by the pleadings made in the application, dismissed the said application on that ground. 6. I am of the considered opinion that once such arguments had been advanced, the trial Court could have put the parties on notice to produce those documents and consider the same, instead of dismissing the application on a technicality. In the event of the parties not producing any documents, recording that opportunity having been provided, the application could have been dealt with. - 6 - HC-KAR NC: 2025:KHC-D:9391 WP No. 107860 of 2024 7. In the present case, once again oral arguments are being advanced on the rights of the parties on the basis of earlier proceedings, which are not on record. In that view of the matter, I am of the considered opinion that the matter requires a remand to the trial Court for fresh consideration on the application by permitting all the parties to submit all the documents for consideration by the trial Court. 8. Needless to say, if no documents are furnished at the time of consideration of the application, the trial Court could pass orders on the basis of the documents available on record. As such, I pass the following: ORDER i) The writ petition is partly allowed. ii) The order dated 19.10.2024 passed by the I Additional Senior Civil Judge and J.M.F.C., Hubballi in O.S.No.153 of 2017 is set-aside. - 7 - HC-KAR NC: 2025:KHC-D:9391 WP No. 107860 of 2024 iii) The matter is remitted to the trial Court for fresh consideration of the application under order I Rule 10 (2) of CPC by permitting the petitioners and the respondents to furnish such documents as they may rely upon. iv) The documents and additional pleadings, if necessary, to be filed on or before 30.08.2025. Subsequent thereto, the trial Court will take up the matter and dispose of the said application. SD/- (SURAJ GOVINDARAJ) JUDGE AM/- CT-ASC List No.: 1 Sl No.: 29