- 1 - HC-KAR NC: 2025:KHC:37100 WP No. 26122 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26122 OF 2025 (GM-CPC) BETWEEN: MR. VILAS BORMALJI OSWAL PARTNER VILAS B OSWAL (HUF) M/S GREENLAND INFRA S/O LATE SRI. BORAMALJI, AGED ABOUT 61 YEARS, R/AT.NO. G1, ARIHANT COLONY, NEAR LINGADAGUDI ROAD, VIJAYAPURA - 586 201 …PETITIONER (BY SRI. MOULYAPOORNA R, ADVOCATE) AND: 1. SRI PUTTARAJU S/O NARASIMHAIAH AGED ABOUT 58 YEARS 2. SRI BALAJI S/O PUTTARAJU, AGED ABOUT 30 YEARS 3. MANASA D/O PUTTARAJU, AGED ABOUT 28 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37100 WP No. 26122 of 2025 4. MEGHA D/O PUTTARAJU AGED ABOUT 28 YEARS 5. SMT. SAHANA, W/O SHARATH D/O PUTTARAJU AGED ABOUT 30 YEARS ALL ARE RESIDING AT KUNCHIGARA PALYA VILLAGE, (GULAKAMALE DHAKALE) THARALU POST, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 082. 6. M/S GREENLAND INFRA., NO.8(4115-120), TF 2, 26TH MAIN ROAD, 9TH BLOCK, JAYANAGARA, BANGALORE - 560004 NOW AT NO 201, THIRD FLOOR, SRI NILAYA, NO.93/5, 28TH B CROSS, 14TH MAIN, 4TH BLOCK EAST, JAYANAGARA, BENGALURU - 560 011 REPRESENTED BY IT IS PARTNERS (PARTNERSHIP FIRM REGISTERED UNDER PARTNERSHIP ACT,1932) 7. SRI. SOMASHEKAR.R S/O LATE BASSANNA MANAGING PARTNER M/S GREENLAND INFRA., NO.8(4115-120), TF 2, 26TH MAIN ROAD, 9TH BLOCK, JAYANAGARA, BANGALORE - 560 004 - 3 - HC-KAR NC: 2025:KHC:37100 WP No. 26122 of 2025 NOW AT NO 201, THIRD FLOOR, SRI NILAYA, NO.93/5, 28TH B CROSS, 14TH MAIN, 4TH BLOCK EAST, JAYANAGARA, BENGALURU - 560 011. …RESPONDENTS (BY SRI. MANJUNATHA R. SWAMY, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO SET ASIDE THE IMPUGNED ORDER DATED 12.08.2025 PASSED BY THE X ADDL. DISTRICT AND SESSIONS JUDGE, (DEDICATED COMMERCIAL COURT) AT BENGALURU RURAL, AT BENGALURU, IN O.S. NO. 295/2022, WHEREBY THE IA NO. 9/2025 UNDER ORDER 1 RULE 10(2) CPC HAS BEEN REJECTED, VIDE ANNEXURE-K AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court seeking the following prayers: "a) Issue a writ of certiorari or any other appropriate writ, order or direction to set aside the impugned order dated 12.08.2025 passed by the X ADDL. DISTRICT & SESSIONS JUDGE, (Dedicated Commercial Court) AT BENGALURU RURAL, AT BENGALURU, in O.S. No. 295/2022, whereby the IA No. 9/2025 under Order 1 Rule 10(2) CPC has been rejected, vide Annexure-K. - 4 - HC-KAR NC: 2025:KHC:37100 WP No. 26122 of 2025 b) Consequently, to allow the IA No. 9/2025 filed by the Petitioner under Order I Rule 10(2) CPC in the file of X ADDL. DISTRICT & SESSIONS JUDGE, (Dedicated Commercial Court) AT BENGALURU RURAL, AT BENGALURU, in O.S. No. 295/2022, vide Annexure-G. c) Pass such other order(s) or direction(s) as this Hon'ble Court deems fit in the interests of justice and equity." 2. Heard Shri Moulyapoorna R., learned counsel appearing for the petitioner and Shri Manjunatha R. Swamy, learned counsel appearing for respondent No.6. 3. What has driven the petitioner - Shri Vilas Bormalji Oswal - the proposed defendant is rejection of an application filed by the petitioner under Order I Rule 10(2) of the Code of Civil Procedure, 1908 ('the CPC' for short). 4. The learned counsel appearing for the respondents submit that the petitioner is already defendant in Commercial O.S.No.295/2022 and therefore, there was no warrant even of filing an impleading application. The cause title in the Commercial O.S. is as follows, "COM. OS No.295/2022 BETWEEN: 1. Sri. Puttaraju S/o Narasimhaiah, aged about 58 years, - 5 - HC-KAR NC: 2025:KHC:37100 WP No. 26122 of 2025 2. Sri. Balaji, S/o Puttaraju, aged about 30 years 3. Manasa D/o Puttaraju, aged about 28 years, 4. Megha D/o Puttaraju, aged about 28 years, All are residing at Kunchigara Palya Village (Gulakamale Dhakale), Tharalu Post, Uttarahalli Hobli, Bangalore South Taluk, Bangalore-560 082 ----- PLAINTIFFS AND: M/s Greenland Infra, A Registered Partnership Firm, Having it's Office at Site No.8, ((4115-120), TF2, 26th Main Road, 9th Block, Jayanagar, Bengaluru-560 004 Now at No.201, 3rd floor, Sri Nilaya, No.93/5, 28th "B" Cross, 14th Main, 4th Block East, Jayanagar, Bengaluru 560 011 Rep. by its Partners Sri. Somashekar.R S/o. Late Prasanna Aged about 50 years, & Sri. Vilas Bhuralji Oswal S/o. Buhurmalji Oswal Aged about 56 years ----DEFENDANTS - 6 - HC-KAR NC: 2025:KHC:37100 WP No. 26122 of 2025 APPLICATION FILED UNDER SECTION 151 OF CPC, 1907" The learned counsel is on the score that the firm is made a party and the rank of those parties are not indicated with regard to other defendants. 5. The submission does not merit any acceptance, as Greenland Infra is said to be represented by its partners. The other two are partners. Therefore, there is no warrant of interference with the order that is passed by the concerned court which rejects the application on the score that the petitioner is already a defendant in the case at hand. If need be the respondents shall describe the defendants in a appropriate manner before the concerned court after seeking its permission. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 53/CT: BHK