- 1 - HC-KAR NC: 2025:KHC:42306 WP No. 13764 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 13764 OF 2025 (GM-CPC) BETWEEN: 1. SRI.K.M.NITISH KUMAR, S/O.K.MOHAN KUMAR, AGED ABOUT 36YEARS, AGRICULTURAL DIRECTOR, KRISHI NAGAR, NEAR TARALABALU GIRLS HOSTEL, SHIVAMOGGA CITY-577201 …PETITIONER (BY SRI. B SIDDESHWARA, ADV., FOR SRI BALARAJ A C, ADVOCATE) AND: 1. SMT.SHYLAJA, W/O.D.NAGENDRAPPA, AGED ABOUT 77YEARS, RESIDENT OF NO.213/5, 1ST B CROSS, 4TH MAIN ROAD, 1 BLOCK, RAMAKRISHNANAGARA, MYSURU-570 022 2. SMT. MANJULA, W/O.JAGANATH PATIL, AGED ABOUT 55YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42306 WP No. 13764 of 2025 3. SRI. DEEPAK PATIL, S/O.JAGANNATH PATIL, AGED ABOUT 30YEARS RESPNDNETS 2 AND 3 ARE RESIDENTS OF HIREJAMBUR VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577005 4. SMT.ISHWARYA, W/O.LATE.T.VEERENDRA PATIL, AGED ABOUT 48YEARS 5. SMT.MEGHA, D/O.LATE.T.VEERENDRA PATIL, AGED ABOUT 25YEARS RESPONDENTS 4 AND 5 ARE RESIDENTS NO.24/25, 5 CROSS, 8- A MAIN ROAD, TATA NAGARA, BENGALURU-560 092 6. SRI.T.RAVINDRA PATIL, S/O.LATE.T.JAYADEVAPPA GOWDA, AGED ABOUT 61YEARS, RESIDENT OF NO.278, 1ST MAIN ROAD, 3RD CROSS, K.E.B.LAYOUT, SANJAYANAGAR, BENGALURU-560 094 7. SMT.MAMATHA, W/O.VISHWANATHA, AGED ABOUT 58YEARS, RESIDENT OF H.S.CHANDRAMOULI, NO.4TH CROSS, DR.LOHIYA ROAD, HASSAN-573201 PRESENT ADDRESS, - 3 - HC-KAR NC: 2025:KHC:42306 WP No. 13764 of 2025 ANUGRAHA 4TH CROSS, NAVANAGARA, SOWLANA ROAD, NEAR KUVEMPU NAGAR, DOUBLE ROAD, SHIVAMOGGA-577201 8. KOWSHIK RAJ, S/O.JAGADEESH K.B., AGED ABOUT 24YEARS, RESIDENT OF VISHALA GUTYAPPA COLONY, PAMPA NAGAR, 2ND CROSS, SHIVAMOGGA-577201, PRESENTLY RESIDENT OF NO.207, 8TH BLOCK, SOUNDARYA GARDENIA APARTMENT, HMT MAIN ROAD, OPPOSITE JALAHALALI POLICE STATION, BENGALURU-560 013 9. SMT. PRAJNA, W/O.KESHVA, AGED ABOUT 28YEARS, RESIDENT OF HOUSE NO.416, MARUTHI NILAYA, SARASWATHI NAGARA, BENGALURU-560094. PRESENTLY RESIDENT OF NO.278, BINDU, NEXT TO SLV REAL ESTATE, NEAR ULLALA, RTO OFFICE, UPKAR LAYOUT, BENGALURU-560010 10. SMT.SHARADI, D/O JAGADISH K B - 4 - HC-KAR NC: 2025:KHC:42306 WP No. 13764 of 2025 AGED ABOUT 26YEARS RESIDENT OF VISHAA GUTYAPPA COLONY PAMPANAGAR 2ND CROSS SHIVAMOGGA 577 201. 11. SRI.JAGADISH K.B., MAJOR, HINDU, RESIDENT OF VISHALA GUTYAPPA COLONY, PAMPANAGARA, 2ND CROSS, SHIVAMOGGA-577201 RESPONDENTS NO.10 AND 11 ARE PRESENTLY RESIDENT OF NO.207, A BLOCK, SOUNDARYA GARDENIA APARTMENT, AMC MAIN ROAD, OPPOSITE JALAHALLI POLICE STATION, BENGALURU-560 013. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN OS NO. 36/2011 BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC SHIKARIPURA DTD 21.02.2025 AND ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 47 RULE 1 R/W SECTION 114 AND 151 OF THE CIVIL PROCEDURE CODE VIDE ANX-M AND K RESPECTIVELY AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:42306 WP No. 13764 of 2025 CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER This petition by defendant No.10 challenging the order dated 21.02.2025 in O.S. No.36/2011 on the file of the Senior Civil Judge and JMFC, Shikaripura on the ground that the application filed to implead the petitioner as defendant No.10 was erroneously allowed. The plaintiff filed an application to implead the petitioner as defendant No.10. The said application came to be allowed by the trial Court on 03.02.2025. Thereafter the petitioner filed an application to recall the order dated 03.02.2025, which came to be dismissed by the trial Court. The said orders are assailed in this petition. 2. Sri B Siddeshwara, learned counsel appearing for the petitioner submits that the impleading application was accompanied by memorandum of facts and hence the application ought not to have been entertained by the trial Court. Learned counsel further submits that though suit - 6 - HC-KAR NC: 2025:KHC:42306 WP No. 13764 of 2025 was instituted in the year 2011, the same was dismissed for non prosecution and thereafter the same is restored to file. It is submitted that the petitioner purchased the property in question during the dismissal of the suit. It is the submission of the learned counsel that the impleading application to implead the petitioner was not considered. As on the date of sale deed no lis was pending. It is further submitted that the petitioner was not granted sufficient opportunity to object the application. 3. Considered the submission of the learned counsel for the petitioner. The petitioner has purchased the property which is subject matter of the suit during pendency of the suit in OS No.36/2011. Even if the suit was dismissed for non prosecution on the date of the sale deed the same is being restored at a later stage. There is no doubt that if the suit is decreed the same would affect the right of the petitioner. In that view, the petitioner would be necessary party to the suit in petitioner's own interest. The objection to the impleading application that - 7 - HC-KAR NC: 2025:KHC:42306 WP No. 13764 of 2025 the same was accompanied by memorandum of facts instead of the affidavit by the plaintiff is only a technical reason. Such technical reason cannot be a basis at this stage to set aside the order and direct the trial Court to redo the same. Another submission of the learned counsel for the petitioner that in view of preferring this writ petition the petitioner has not filed written statement in the suit merits consideration and the petitioner is required to be permitted to file written statement in the pending suit. 4. The petitioner is permitted to file written statement within a period of four weeks from today in OS No.36/2011. Except to the above observation, the writ petition is not entertained. Sd/- (K. V. ARAVIND) JUDGE YKL List No.: 1 Sl No.: 1