- 1 - HC-KAR NC: 2025:KHC:51147 WP No. 3836 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 3836 OF 2021 (GM-CPC) BETWEEN: 1. RATHNAMMA W/O LATE NARASIMAIAH AGED ABOUT 59 YEARS R/AT NALLAYYAA DODD VILLAGE INDLAVADI POST ANEKAL TALUK BANGALORE DISTRICT-562 106 2. MANJULA W/O H. MAHADEVAIAH AGED ABOUT 53 YEARS NO.17, CENTRAL STREET NEELASANDRA BENGALURU-560 047 3. GANGAMMA W/O THIMMARAYAPPA AGED ABOUT 46 YEARS NO.91, 1ST MAIN ROAD NEAR MADDARAMMA TEMPLE TAVAREKERE BANGALORE-560 081 …PETITIONERS (BY SRI. CHANNAKRISHNAPPA N, ADVOCATE) AND: 1. SMT. RAMAKKA W/O LATE MUNIYAPPA AGED ABOUT 83 YEARS Digitally signed by S NOORUNNISABEGUM Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51147 WP No. 3836 of 2021 R/AT NO.42, 2ND CROSS TAVAREKERE BANGALORE-81 2. SRI. VEERANNA S/O LATE MUNIYAPPA AGED ABOUT 63 YEARS R/AT NO.98/3, NEW NO.3 4TH CROSS, CASHIER LAYOUT TAVAREKERE BANGALORE-81 3. SMT. INDIRAMMA W/O LATE GUNDAPPA AGED ABOUT 45 YEARS 4. SRI. HARSHIT S/O LATE GUNDAPPA AGED ABOUT 20 YEARS 5. MEGHANA D/O LATE GUNDAPPA AGED ABOUT 18 YEARS RESPONDENT NOS.3 TO 5 R/AT NO.42, 2ND CROSS CASHIER LAYOUT BTM 1ST STAGE, TAVAREKERE BANGALORE-81 6. NAGARAJU S/O LATE MUNIYAPPA AGED ABOUT 44 YEARS R/AT CASHIER LAYOUT TAVAREKERE BENGALURU-81 7. VENKATESH S/O LATE MUNIYAPPA - 3 - HC-KAR NC: 2025:KHC:51147 WP No. 3836 of 2021 7(A) 7(B) 7(C) AGED ABOUT 41 YEARS SINCE DEAD REPRESENTATIVES BY HIS LRs SMT. MAHADEVI V W/O LATE T.M. VENKATESH DAUGHTER-IN-LAW OF LATE MUNIYAPPA AGED ABOUT 43 YEARS KUM. GREESHMA VENKATESH D/O LATE T.M. VENKATESH GRAND DAUGHTER OF LATE MUNIYAPPA AGED ABOUT 17 YEARS KUM. KRISHIKA VENKATESH D/O LATE T.M. VENKATESH AGED ABOUT 16 YEARS GRAND DAUGHTER OF LATE MUNIYAPPA THE PETITIONER NO.7(B) AND 7(C) ARE MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN 7(A) ALL ARE R/AT NO.42, 2ND CROSS TAVAREKE, BENGALURU-560 081 8. SMT. RADHA W/O VERANNA AGED ABOUT 48 YEARS NO.98/3, NEW NO.3 4TH CROSS, CASHIER LAYOUT TAVAREKERE BENGALURU-81 9. SRI. PRAKASH V S/O LATE VARADARAJ AGED ABOUT 46 YEARS R/AT NO.476, 25TH MAIN BTM LAYOUT, II STAGE BENGALURU-76 10. MURALI MOHAN REDDY S/O CHINNABAIAH REDDY - 4 - HC-KAR NC: 2025:KHC:51147 WP No. 3836 of 2021 AGED ABOUT 42 YEARS R/AT NO.308, A BLOCK MAJESTIC RESIDENCY THAVEREKERE BANGALORE-29 11. SURESH N S/O V. NARAYANAPPA AGED ABOUT 38 YEARS R/AT NO.8, 2ND CROSS THAVAREKERE BANGALORE-29 12. SRINIVASAIAH SETTY S/O LATE RATHNAIAH SETTY AGED ABOUT 63 YEARS R/AT NO.1/3551 SRINIDHI, CHURCH ROAD SRI VENKATESHWARE EXTENTION 13. G.K. SHIVAKUMAR S/O G. KRISHNAIAH SETTY AGED ABOUT 39 YEARS R/AT BALAJI NILAYA NEAR GEETHA MANDIR NR EXTENSION, CHINTAMANI CHIKKABALLAPURA DIST. PIN-563 125 14. B.S. SHASHIKALA S/O A.R. SADASHIVA AGED ABOUT 58 YEARS HARSHA NILAYA, PREMNAGAR VENKATESWARA EXTENTION CHINTAMANI CHIKKABALLAPURA DIST. PIN-563 125 - 5 - HC-KAR NC: 2025:KHC:51147 WP No. 3836 of 2021 15. Y.R. RAVINDRANATH S/O Y. RAMASWAMY AGED ABOUT 65 YEARS NO.4, THEJAS, 1ST MAIN 1ST CROSS, ANJANI EXTENSION EAST CHINTAMANI CHIKKABALLAPURA DIST PIN-563 125 16. A. ANIL KUMAR S/O AANDARAMAIAH AGED ABOUT 48 YEARS BEHIND CHURCH CHIKKANNA COLONY VENKATESHWARA EXTENTION CHINTAMANI CHIKKABALLAPURA DIST. PIN-563 125 17. SMT. GAYATHRI W/O RAJESH KUMAR AGED ABOUT 39 YEARS VENKATESWARA NILAYA CHINTAMANI CHIKKABALLAPURA DIST. PIN-563 125 18. Y.L. SHEKAR S/O Y.R.L.N. PRASAD AGED ABOUT 39 YEARS KSHIRABDI NILAYA VENKATESHWARA EXTENTION CHINTAMANI CHIKKABALLAPURA DIST. PIN-563 125 19. T.V. SUGUNA W/O S.V. NARAYANA SWAMY AGED ABOUT 46 YEARS THIRUMALA KRUPA - 6 - HC-KAR NC: 2025:KHC:51147 WP No. 3836 of 2021 BEHIND CHURCH CHIKKANNA COLONY VENKATESWARA EXTENTION CHINTAMANI CHIKKABALLAPURA DIST. PIN-563 125 20. KRISHNA RAMA CHOWDARY S/O CHIMAN RAM AGED ABOUT 52 YEARS NO.2, CASHIER LAYOUT TAVAREKERE BANGALORE-82 21. MOHAN DEVI W/O KRISHNA RAMA CHOWDARY AGED ABOUT 49 YEARS NO.2, CASHIER LAYOUT TAVAREKERE BANGALORE-82 22. M. MANJUNATHAN S/O T.S. MADHAYAIN AGED ABOUT 38 YEARS NEW GURRAPPANA PALYA TAVAREKERE BENGALURU-82 23. GUNASHEKARAN S/O NANJAPPA AGED ABOUT 50 YEARS NO.45/2, CASHIER LAYOUT TAVAREKERE BANGALORE-29 24. G. SUMATHI W/O GUNASHEKARAN N AGED ABOUT 47 YEARS NO.45/2, CASHIER LAYOUT - 7 - HC-KAR NC: 2025:KHC:51147 WP No. 3836 of 2021 TAVAREKERE BANGALORE-29 …RESPONDENTS (BY SRI. SUHAS T.L, ADVOCATE FOR R14 TO R19 - [ABSENT]; SRI. R. HARINATH, ADVOCATE FOR R2 AND R8 - [ABSENT]; SRI. N. DEVARAJ, ADVOCATE FOR R20 AND R21 - [ABSENT]; R3, R5, R9, R10, R11, R12, R13, R23, R24 - SERVED AND UNREPRESENTED; NOTICE TO R4, R6, R22 AND R7 (A-C) AND STEPS TO BRING LRs OF DECD R1 ARE DISPENSED WITH ) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE ORDER DATED 2.1.2020 IN O.S.5454/2015 ON THE FILE OF THE CITY CIVIL JUDGE, BANGALORE, THE ORDER DATED 2.1.2020 IN O.S.5454/2015 ON THE FILE OF THE ADDL CITY CIVIL JUDGE (CCH-32), MARKED AS ANNEXURE-L MAY BE QUASHED BY WRIT OR DIRECTIONS BY ALLOWING THE APPLICATIONS UNDER O.1 R.10(2) OF CPC FOR IMPLEADING. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU - 8 - HC-KAR NC: 2025:KHC:51147 WP No. 3836 of 2021 ORAL ORDER 1. The present petition seeks to challenge an order dated 02.01.2020 passed by the learned XX Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as 'the Trial Court' for short). By the impugned order, the applications I.A.Nos.IV to VI for impleading defendants No.9 to 24 have been dismissed by the Trial Court. 2. The learned Trial Court has given a finding that since no relief has been claimed against the proposed parties, the applications cannot be allowed. 3. The notice was issued in this petition on 21.06.2021 and thereafter the respondents have appeared before the Court. However, none appears for the respondents today. 4. In view of the pendency of the matter for the last four years, this Court deems it apposite to take this petition for hearing and final disposal today. 5. The learned counsel for the petitioners submits that after the impugned order was passed, the petitioners have - 9 - HC-KAR NC: 2025:KHC:51147 WP No. 3836 of 2021 sought an amendment of the plaint and which amendment was allowed by the learned Trial Court and the amended plaint as it reads today, the claims set out against defendants No.9 to 24 as well. He thus submits that he may be permitted to file a fresh application for impleadment, since the defendants No.6 to 8 have sold the property to defendants No.9 to 11 and the remaining defendants are subsequent purchasers of the suit schedule property item No.1. 6. Learned Counsel further submits that in view of the fact that the plaint item No.1 forms part of suit schedule property, the presence of these defendants would be necessary. 7. A memo containing a copy of the amended plaint has been handed across by Learned counsel for the petitioners. 8. In view of the contentions of the learned counsel for the petitioners and given that the amended plaint has - 10 - HC-KAR NC: 2025:KHC:51147 WP No. 3836 of 2021 been placed on record, this Court deems it apposite to dispose of the petition, granting liberty to the petitioners to file a fresh application for impleading the subsequent purchasers. Needless to add the learned Trial Court shall examine the application and pass an order in accordance with law. 9. The writ petition stands disposed of in the aforegoing terms. (TARA VITASTA GANJU) JUDGE JT List No.: 1 Sl No.: 19 Digitally signed by TARA VITASTA GANJU Location: High Court of Karnataka