- 1 - HC-KAR NC: 2025:KHC:48222 WP No. 27988 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 27988 OF 2025 (GM-CPC) BETWEEN: MR.NITESH REDDY AGED ABOUT 22 YEARS S/O.BABU REDDY B.P. R/AT NO.84 PRESTIGE SUMMER FIELDS GEAR SCHOOL ROAD BOGANAHALLI, BELANDRU POST BENGALURU-560 037 …PETITIONER (BY SRI R.HEMANTH RAJ, ADVOCATE) AND: 1. MR.T.V.HARISH S/O.T.M.VENKATACHALAPATHI AGED ABOUT 60 YEARS 2. MRS.T.H.SRIVALLI W/O.T.V.HARISH AGED ABOUT 55 YEARS R-1 AND R-2 ARE R/AT NO.391/2, KARTHIK NILAYA MARATHAHALLI, VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU-560 037 3. MR.K.JAIPAL ALIAS K.JAIPAL REDDDY S/O.K.N.KRISHNA REDDY AGED ABOUT 46 YEARS R/AT NO.162 SARAJAPUR MAIN ROAD Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48222 WP No. 27988 of 2025 DODDAKANNAHALLI CARMELARAN POST BENGALURU-560 035 4. MR.SUNIL KUMAR K. S/O.K.N.KODANDARAMA REDDY AGED ABOUT 45 YEARS R/AT FLAT NO.A-802, 'A' BLOCK SALARPURIA, SENORITA SARAJAPUR MAIN ROAD HALANAYKANAHALLI BENGALURU-560 035 5. K.N.SOMASHEKAR S/O.LATE K.H.NARAYANA REDDY AGED ABOUT 66 YEARS R/AT NO.366, 10TH 'B' CROSS 10TH MAIN , ATTUR LAYOUT YELAHANKA, BENGALURU …RESPONDENTS (BY SRI P.B.AJIT, ADVOCATE FOR R-1 & R-2; NOTICE TO R-3 & R-4 IS DISPENSED VIDE ORDER DATED 13.10.2025; NOTICE TO R-5 IS DISPENSED VIDE ORDER DATED 19.11.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH THE ORDER DATED 28.07.2025 PASSED ON IA.NO.3 IN O.S.NO.1000/2024 BY XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU VIDE ANNEXURE-A. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:48222 WP No. 27988 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner and learned counsel for respondent Nos.1 and 2. 2. This petition is filed by defendant No.1. 3. Learned counsel for petitioner-defendant No.1 contends that upon institution of a suit in O.S.No.1000/2024 by the plaintiffs, summons was issued to the defendants, they appeared and thereafter, defendant No.1 filed an application under Order I Rule 10(2) of CPC seeking deletion of his name from the array of parties in the suit proceedings for the reason that there is no cause of action subsisting against him, in view of the execution of the registered cancellation of sale deed dated 06.06.2024. 3.1 It is further contended that petitioner-defendant No.1 that he has executed registered cancellation of sale deed dated 06.06.2024 with defendant No.3 after receiving full sale consideration amount. Therefore, there - 4 - HC-KAR NC: 2025:KHC:48222 WP No. 27988 of 2025 would not be any cause of action for the plaintiffs to proceed against defendant No.1. The application filed by defendant No.1 before the trial Court came to be rejected for the reason that beside the fact of registered cancellation of the sale deed, there is a relief claimed by the plaintiffs against defendant No.1 by way of perpetual injunction where the plaintiffs are claimed to be the owner and in possession of the suit schedule property. Hence, the order of injunction is sought against defendant No.1, thereby the trial Court rejected the application, against which, this petitioner is before this Court. 4. During pendency of this petition, the petitioner- defendant No.1 filed an affidavit, the contents of which reads as under: 1. I submit that I am the petitioner in the above case and I am well aware of the facts and circumstances of the above case. 2. I submit that I have filed the above Writ Petition impugning the Order dated 28.07.2025 passed on I.A No. 3, in O.S. No. - 5 - HC-KAR NC: 2025:KHC:48222 WP No. 27988 of 2025 1000/2024 filed by me Under Order 1 Rule 10 (2) of the Code of Civil Procedure seeking the Hon'ble Court to delete my name from the suit on the ground that I have not subsisting right against me. 3. I submit that the Respondent/Plaintiff has filed the above suit seeking the relief of Declaration that the Plaintiff is the absolute owner of the suit schedule property. Declaration that the sale deed dated 28.01.2010 registered as Document NO. 5257/2009-10 is not binding on the Plaintiff, Declaration that the rectification deed dated 13.12.2023 registered as Document No. 10571/2023-24as fabricated, Declaration that the sale deed executed by the 2nd Defendant in favour my favour/1st petitioner registered as Document No. 10572/2023-24 is null and void and also seeking permanent injunction against the Defendants. 4. I submit that after the respondent No.1/ Plaintiff filing the suit against me and other defendants, I have executed a registered cancellation of the sale deed on 06.06.2024 with the 2nd Defendants /3rd Respondent - 6 - HC-KAR NC: 2025:KHC:48222 WP No. 27988 of 2025 after receiving full sale consideration amount from the Defendant No.2 from whom I had purchased the suit schedule property. 5. I Submit that I hereby state that in view of the execution of the registered cancellation of the sale deed I do not have any right, title or interest in the suit schedule property. And I hereby undertake not to interfere the suit schedule property. 6. I Submit that in view of my undertaking the application filed I A NO-3 before the Hon'ble Trial Court may be allowed and impugned order may be set also allowing I A No.3 and deleting me from the suit in O.S.No- 1000/2024 and allowed the Writ Petition to serve the interest of justice and equity." 5. By virtue of this affidavit, it is contended at para- 5, more specifically that defendant No.1 having executed registered cancellation of the sale deed dated 06.06.2024, he does not have any right, title or interest over the suit schedule property and he has also affirmatively made the statement on oath that he would undertake not to - 7 - HC-KAR NC: 2025:KHC:48222 WP No. 27988 of 2025 interfere with the plaintiffs' peaceful possession and enjoyment of the suit schedule property. Under the circumstances, when defendant No.1 has made such a statement on oath and also stated that there is execution of registered cancellation of sale deed on 06.06.2024, the plaintiffs may not have any claim or grievance against defendant No.1. Therefore, he seeks the petition be allowed and consequently, set aside the order and permit defendant No.1 to be deleted from the array of parties. 6. Per contra, learned counsel for respondent Nos.1 and 2-plaintiffs contends that a categorical statement is made, which is now filed by way of an affidavit stating that defendant No.1 would not interfere with the peaceful possession and enjoyment of the plaintiffs' suit schedule property and that he cancelled the sale deed by way of a registered instrument and therebeing no grievance about defendant No.1, his name may be deleted from the array of the parties. He further contends that the said statement be noted and this petition could be disposed of in - 8 - HC-KAR NC: 2025:KHC:48222 WP No. 27988 of 2025 accordance with law by placing such undertaking given by defendant No.1. 7. Having heard learned counsels for parties and placing the affidavit of the petitioner-defendant No.1 on record, wherein he has categorically stated that the sale deed dated 06.06.2024 has been cancelled by way of registered instrument and that he would undertake not to interfere with peaceful possession and enjoyment of the plaintiffs' suit schedule property, in my opinion, there may not exist any further cause of action to go again to pursue the suit against defendant No.1. 8. Under the circumstances, it would be appropriate to delete the name of defendant No.1 from the array of the parties, as no grievance of relief would be subsisting against him. 9. Accordingly, I pass the following: ORDER i) This petition is allowed; - 9 - HC-KAR NC: 2025:KHC:48222 WP No. 27988 of 2025 ii) The impugned order dated 28.07.2025 passed on IA.No.3 in O.S.No.1000/2024 by XVI Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside. Consequently, the application in IA.No.3 is allowed, in view of subsequent affidavit filed by the petitioner-defendant No.1 before this Court; iii) The petitioner-defendant No.1 shall be deleted from the array of parties in the suit proceedings in O.S.No.1000/2024 on the file of XVI Additional City Civil and Sessions Judge, Bengaluru; iv) The affidavit so filed by petitioner-defendant No.6 shall form part of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 28