- 1 - HC-KAR NC: 2025:KHC:51670 WP No. 25388 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 25388 OF 2023 (GM-CPC) BETWEEN: 1. MR. SYED MUZAMMIL, AGED ABOUT 41 YEARS, S/O. LATE SYED ASGHAR, NO. 96, COLES ROAD, FRAZER TOWN, BANGALORE - 560 005. 2. MR. SYED ISMAIL, AGED ABOUT 80 YEARS, S/O. LATE S. A. RAHIM, NO. 96, COLES ROAD, FRAZER TOWN, BANGALORE - 560 005. …PETITIONERS (BY SRI. SYED ZULFIKHAR AHMED KHURESHI, ADVOCATE) AND: 1. MR. SYED SANAULLA, AGED ABOUT 61 YEARS, S/O. SYED GAFFAR, NO. 101/4, AMEER JAN STREET, ANEKAL - 562 106. 2. MR. SYED ISMAIL ABRAR, AGED ABOUT 28 YEARS, S/O. SYED AMJAD PASHA, NO. 3, 2ND FLOOR, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51670 WP No. 25388 of 2023 MOHAMMED GHOUSELANE, H.K.P. ROAD, SHIVAJINAGAR, BANGALORE - 560 051. …RESPONDENTS (BY SRI.SHASHANK SRIDHAR, ADVOCATE FOR R-1; SRI.C.S.PRASANNA KUMAR, ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED ON IA NO.3, BY THE COURT OF XIX ADDL. CITY CIVIL AND SJ JUDGE, BANGALORE (CCH.NO.18) DTD 4.10.2023 IN OS NO.3621/2022 VIDE ANNEXURE-A AND DISMISS I.A.NO.3 VIDE ANNEXURE-C AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Plaintiffs are before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 04.10.2023 passed on I.A.No.3 in O.S.No.3621/2022 by the Court of XIX Additional City Civil and Sessions Judge, Bangalore. 2. Heard the learned counsel for the parties. 3. Suit in O.S.No.3621/2022 is filed by the petitioners herein before the Jurisdictional Civil Court at Bangalore against the first respondent herein seeking the - 3 - HC-KAR NC: 2025:KHC:51670 WP No. 25388 of 2023 relief of permanent injunction in respect of the suit schedule property which is a house property. In the said suit, I.A.No.3 was filed on behalf of respondent No.2 herein under Order I Rule 10(2) read with Section 151 of CPC with a prayer to implead him as party defendant No.2 to the suit. The said application was opposed by the plaintiffs by filing objections. The Trial Court vide the order impugned has allowed the said application. Being approved by the same, plaintiffs are before this Court. 4. Suit is filed seeking the relief of permanent injunction against the sole defendant who is respondent No.1 in this writ petition. In the said suit application under Order I Rule 10(2) read with Section 151 of CPC was filed on behalf of the respondent No.2 herein seeking to implead him as party defendant to the suit. According to the applicant, by virtue of a gift deed dated 07.08.2021, he has derived title over the suit schedule property. Objection was filed on behalf of the plaintiffs to I.A.No.3 which was filed on behalf of respondent No.2 herein to - 4 - HC-KAR NC: 2025:KHC:51670 WP No. 25388 of 2023 implead him as party defendant to the suit. The Trial Court vide the order impugned has kept open the objections filed on behalf of the plaintiffs with an observation that plaintiff is at liberty to agitate the same during trial and has allowed I.A.No.3. In my considered opinion, the said approach of the Trial Court cannot be justified. In an application filed under Order I Rule 10(2) of CPC the Court is required to decide on the facts of the case, whether the applicant is a necessary or proper party to the proceedings. Such an exercise is prima facie not done by the Trial Court, taking into consideration the objections raised on behalf of the plaintiff, who is the master of the suit. Therefore, I am of the opinion on this short ground, the writ petition has to succeed. Accordingly, the following: ORDER (i) The writ petition is allowed. - 5 - HC-KAR NC: 2025:KHC:51670 WP No. 25388 of 2023 (ii) The impugned order dated 04.10.2023 passed on I.A.No.3 in O.S.No.3621/2022 by the Court of XIX Additional City Civil and Sessions Judge, Bengaluru is set aside and the matter is remitted to the Trial Court to consider I.A.No.3 afresh, taking into consideration the objections filed to the same on behalf of the plaintiffs and pass appropriate orders on the merits of the application as expeditiously as possible, but not later than a period of 2 months from the date of receipt of copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 33