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2025 DAILYLAW 83458 (KAR)

C.PAUL @ SANJAY v. THOMAS

WP/21535/2025 · 2025-08-04

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29993 WP No. 21535 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 21535 OF 2025 (GM-CPC) BETWEEN: C.PAUL @ SANJAY, S/O LATE S.JAYAVEERA, AGED ABOUT 45 YEARS, RESIDING AT SY.NO. 69, HECHAGALLI VILLAGE, CHIKKAYYANA CHATHRA HOBLI, NANJANAGUD TALUK, MYSURU DISTRICT – 571 301. …PETITIONER (BY SRI NAVEEN J.N., ADVOCATE) AND: 1. THOMAS, S/O LATE C.P.PAUL, AGED ABOUT 62 YEARS, 2. SMT.SUGUNA JAYAVEERA, W/O LATE C.S.JAYAVEERA, AGED ABOUT 55 YEARS. BOTH RESPONDENTS NO.1 AND 2 ARE RESIDING AT NO.13, 11TH MAIN, 36A CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU – 560 041. 3. SMT.SUMATHI, W/O MOSES PAULS PRAY, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29993 WP No. 21535 of 2025 AGED ABOUT 52 YEARS, RESIDING AT PRAYER HALL, CHIKKAYYANAKANAPALYA, CHIKKABIDARADAKALLU, BENGALURU. 4. THOMAS SARVOTHAM, S/O NOT KNOWN, AGED ABOUT 50 YEARS, GAZETTED OFFICER, ZILLA PANCHAYATH, PWS QUARTERS, PARVATHI NAGARA, BELLARY, BELLARY DISTRICT. 5. GILLBUR PAUL M, S/O LATE M.MOHAN SHASHIKUMAR, AGED ABOUT 50 YEARS. 6. SHIBA SALONI M, D/O LATE M.MOHAN SHASHIKUMAR, AGED ABOUT 32 YEARS. BOTH RESPONDENTS NO.5 AND 6 ARE RESIDING AT BTS QUARTERS, 4TH T BLOCK, JAYANAGAR, BENGALURU. 7. BHANUMATHI S. PAUL, W/O RAJASHREE PAUL, AGED ABOUT 55 YEARS, RESIDING AT NO. 80, PWS QUARTERS, 3RD STAGE, BANNIMANTAP EXTENSION, MYSURU DISTRICT. 8. HEMALATHA PRABHAKAR, D/O KESHAVA NAIDU, AGED ABOUT 66 YEARS, RESIDING AT NO. 404/1, - 3 - HC-KAR NC: 2025:KHC:29993 WP No. 21535 of 2025 9TH MAIN, 15TH BLOCK, JAYANAGAR, BENGALURU – 560 041. 9. RAJU, S/O LATE MADAYYA @ MADEGOWDA, AGED ABOUT 50 YEARS. 10. SAKAMMA, W/O LATE MAHADEVA, AGED ABOUT 55 YEARS 11. MAHESHA, S/O LATE MADAYYA @ MADEGOWDA, AGED ABOUT 36 YEARS. RESPONDENTS 9 TO 11 ARE RESIDING AT HALLIDIDDI VILLAGE, CHIKKAYYANA CHATHRA HOBLI, NANJANAGUD TALUK, MYSURU DISTRICT – 571 301. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO DISPOSE OF THE APPLICATION FILED BY THE PETITIONER IN I.A.NO.1XX/2025 UNDER ORDER I RULE 10(2) R/W SECTION 151 OF C.P.C. PENDING CONSIDERATION BEFORE THE COURT OF SENIOR CIVIL JUDGE AT NANJANAGUD IN O.S.NO.19/2015 MARKED AT ANNEXURE-D TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:29993 WP No. 21535 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court seeking the following prayers: "(a) Issue an order or writ in the nature of mandamus directing the Trial Court to dispose of the application filed by the Petitioner in I.A.No.1XX/2025 under Order I Rule 10(2) r/w Section 151 of C.P.C. pending consideration before the Court of Senior Civil Judge at Nanjanagud in O.S.No.19/2015 marked at Annexure-D to the writ petition. (b) Issue any order or orders as deems fit and proper including the cost of the proceedings in the interest of justice and equity." 2. Heard Sri.Naveen J.N., learned counsel for the petitioner and have perused the material on record. 3. The petitioner is seeking to get himself impleaded in O.S.No.19/2015 on the score that he is an agreement holder from the hands of the plaintiffs in the year 2008 and has kept quiet since 2008 and coming to know that the suit has been instituted and the suit is likely to get compromised, now the - 5 - HC-KAR NC: 2025:KHC:29993 WP No. 21535 of 2025 application is filed. The said application is pending consideration. Therefore, the petitioner is before this Court in the subject petition. 4. Learned counsel for the petitioner submits that if a direction is issued to the concerned Court to consider the application of the petitioner filed on 03.06.2025, would suffice for the present. 5. In that light, the concerned Court shall hear and dispose the application filed by the petitioner seeking to implead himself into proceedings within an outer limit of four weeks from the date of receipt of copy of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 64