- 1 - HC-KAR NC: 2025:KHC:51095 WP No. 5146 of 2025 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. 5146 OF 2025 (GM-CPC) BETWEEN: 1. SRI PHILIPS SINCE DEAD BY LR’S 1. SMT. JOJAMMA W/O LATE PHILIPS AGED ABOUT 76 YEARS 2. SRI KANIKSWAMY S/O LATE PHILIPS AGED ABOUT 58 YEARS 3. SRI BARTHAIAM S/O LATE PHILIPS AGED ABOUT 51 YEARS 4. SMT. ANTHONY MARY D/O LATE PHILIPS AGED ABOUT 46 YEARS 5. SMT. BALAMARY D/O LATE PHILIPS AGED ABOUT 46 YEARS 6. SRI CHOWRAPPA S/O LATE CHINNAPPA AGED ABOUT 74 YEARS Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2025:KHC:51095 WP No. 5146 of 2025 7. SMT. SOWRAMMA W/O LATE JOSEPH AGED ABOUT 76 YEARS 8. SMT. MARIYA D/O LATE CHINNAPPA AGED ABOUT 46 YEARS SRI ANTHONAPPA (DEAD HIS LR’S ALREADY ON RECORD PETITIONER ON 1 TO 8) ALL ARE RESIDING AT BYRATHI VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK – 560 049. …PETITIONERS (BY SRI GANGADHARAIAH A. N., ADVOCATE) AND: 1. SRI ALBERT JAVIER S/O LATE SHANTHAPPA AGED ABOUT 66 YEARS 2. SRI SANDYAGAPPA S/O LATE SHANTHAPPA AGED ABOUT 58 YEARS 3. SRI ANTHONYSWAMY S/O LATE SHANTHAPPA AGED ABOUT 56 YEARS - 3 - HC-KAR NC: 2025:KHC:51095 WP No. 5146 of 2025 4. SRI ULLASAPPA S/O LATE SHANTHAPPA AGED ABOUT 51 YEARS 5. SMT. SELVAMARY W/O M.PATRICK D/O LATE SHANTHAPPA AGED ABOUT 61 YEARS 6. SRI MICHAEL S/O LATE SOWRAPPA AGE: MAJOR 7. SRI ANTHONYSWAMY S/O LATE SOWRAPPA AGE: MAJOR 8. SMT. CHINNAMMA W/O LATE SABASTIN AGE: MAJOR 9. SRI BALARAJ S/O LATE SABASTIN AGE: MAJOR 10. SRI AROGYASWAMY S/O LATE SABASTIN AGE: MAJOR 11. SMT. ANTHONYMARY S/O LATE SABASTIN AGE: MAJOR 12. SMT. SEEBHA S/O LATE KANIKASWAMY - 4 - HC-KAR NC: 2025:KHC:51095 WP No. 5146 of 2025 AGE: MAJOR 13. SRI ROSHAN S/O LATE KANIKASWAMY AGE: MAJOR 14. SMT. CHINNAMMA W/O LATE ANTHONAPPA AGE: MAJOR RESPONDENT NOS.1 TO 14 ARE RESIDING AT BYRATHI VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU – 560 049. 15. SMT. SHANTHI W/O S.RAJAMANNAR AGE: MAJOR R/AT 36/1, TEMPLE ROAD MALLESHWARAM BENGALURU – 560 003. 16. SRI AROGYASWAMY S/O LATE CHINNAPPA AGED ABOUT 76 YEARS BYRATHI VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU – 560 049. 17. PARVATHAMMA AGED ABOUT 55 YEARS W/O LATE RAJAPPA RESIDING AT NO.116 - 5 - HC-KAR NC: 2025:KHC:51095 WP No. 5146 of 2025 RAJEEVANAGAR DEVASANDRA MAIN ROAD K.R.PURAM, BENGALURU – 560 036. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED ON IA NO.8, PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE IN O.S. 1232/2018 ON IA NO.8 FILED UNDER ORDER 1 RULE 10(2) OF CPC, DATED 14.11.2024 IN O.S.NO. 1232/2018, VIDE ANNEXURE-F. CONSEQUENTLY, DISMISS THE APPLICATION FILED BY THE PETITIONERS UNDER ORDER 1 RULE 10(2) OF CPC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present writ petition has been filed seeking to challenge an order dated 14.11.2024, passed by the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru, in I.A.No.8 of O.S.No.1232/2018. By the Impugned Order, I.A.No.8 of O.S.No.1232/2018, filed under Order I Rule 10(2) of CPC, by the proposed defendant No.18 was allowed. The challenge by the petitioners is to this order. 2. On 04.12.2025, this Hon’ble Court had after hearing the petitioners passed the following order: - 6 - HC-KAR NC: 2025:KHC:51095 WP No. 5146 of 2025 “1. The present petition seeks to challenge the impugned order allowing I.A.No.8, an application for impleading the applicant under Order I, Rule 10(2) of the CPC, 1908. 2. Learned counsel for the petitioner submits that the order is without jurisdiction, as the petitioner has not produced any documents in support of her contention that she is a legal heir being the daughter-in-law of the predeceased son of Sri.Chowrappa. 3. From the cause title, it appears that Sri.Chowrappa is plaintiff No.2 in the plaint filed by the petitioner before the trial Court. The applicant avers that the suit schedule property was originally owned by one Chinnappa, who was the son of Sri.Chowrappa (plaintiff No.2). The said person had two living wives: Smt.Mariya and Chandramma. It is contended that while children from the first wife are party to the suit, children from the second wife have not been mentioned. The applicant claims to be the wife of deceased son of the second wife and thus she has a right over the suit schedule property. 4. The plaint reflects that the suit schedule property is the ancestral property of the late Chinappa. 5. In the light of these facts, the learned Trial Court after examining the documents has found that the applicant claims a right over the suit schedule property and thus has sought to be impleaded in the present petition. 6. Given the fact that, the applicant as stated in the affidavit, asserts a right in the suit schedule property, her impleadment would serve the interest of justice and help avoid multiplicity of proceedings. 7. After some arguments, learned counsel for the petitioner requests for some time to take instructions. 8. At his request, list this matter on 05.12.2025.” - 7 - HC-KAR NC: 2025:KHC:51095 WP No. 5146 of 2025 3. In view of the order, the Court proposes to pass today, no notice to the respondent will be requisite. 4. The learned counsel for the petitioners fairly concedes that he is unable to controvert the fact that the applicant Smt. Parvathamma is related to Sri Chowrappa and that the suit scheduled property is ancestral property. Given these undisputed facts and the fact that Smt. Parvathamma, asserts a right in the suit schedule property, as the wife of the pre- deceased son of the second wife of Sri Chinnappa, she is a necessary party to the petition. The learned Trial Court has allowed her application to be impleaded as a party to the petition. 4. In view of the undisputed facts, this Court finds no reason to interdict the Impugned Order. The petition is accordingly dismissed. (TARA VITASTA GANJU) JUDGE NVJ/List No.: 1 Sl No.: 5 CT:SS Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNATAKA, BENGALURU