- 1 - HC-KAR NC: 2025:KHC:43793 WP No. 24407 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 24407 OF 2023 (GM-CPC) BETWEEN: SMT. PREMA, W/O LATE RAJESH, AGED ABOUT 44 YEARS, R/O KERAGODU VILLAGE AND HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. …PETITIONER (BY SRI. RAJA L., ADVOCATE) AND: 1. SMT. HEMA A.B, W/O THAMMEGOWDA M V, AGED ABOUT 38 YEARS, R/O KERAGODU VILLAGE AND HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. 2. THE CHIEF SECRETARY, GOVT. OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001. 3. THE P.D.O., GRAMPANCHAYATHI, R/O KERAGODU VILLAGE AND HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. …RESPONDENTS (BY SRI. RAVISHA M G., ADVOCATE FOR R1; SMT. RADHA RAMASWAMY, AGA FOR R2) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43793 WP No. 24407 of 2023 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 17/08/2023 PASSED BY THE 1ST ADDL. CIVIL JUDGE AND J.M.F.C. AT MANDYA IN I.A. NO. 3 IN O.S. NO. 468/2022 VIDE ANNEXURE-L. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This writ petition under article 227 of the Constitution of India is filed with a prayer to set aside the order 17.08.2023 passed on I.A.No.3 in O.S.No.468/2022 by the Court of I Additional Civil Judge and JMFC at Mandya. 2. Heard the learned counsel for the parties. 3. O.S.No.468/2022 is filed before the Jurisdictional Sessions Court at Mandya by respondent No.1 herein against respondent Nos.2 and 3 herein seeking the relief of permanent injunction restraining the defendants or their authorities from removing the metal sheet adjacent to the suit schedule property in any manner, which is in - 3 - HC-KAR NC: 2025:KHC:43793 WP No. 24407 of 2023 enjoyment and possession of the plaintiff. In the said suit, I.A.No.3 was filed by the petitioner under Order I Rule 10(2) read with Section 151 of CPC with a prayer to implead her as party defendant No.3 to the suit. The said application was opposed by the plaintiff by filing objections and the Trial Court vide order impugned has rejected I.A.No.3 and being aggrieved by the same, petitioner is before this Court. 4. Learned counsel for the petitioner submits that petitioner is the owner in possession of the property which is situated towards the eastern side of the suit schedule property. It is on the complaint of the petitioner, defendant Nos.1 and 2 have resolved to take action against the plaintiff and to remove the metal sheet put up by the plaintiff obstructing the pathway of the petitioner and her neighbours. He submits that defendant Nos.1 and 2 have not filed any written statement opposing the prayer made in the suit. For the purpose of proper adjudication of the dispute involved in the suit, presence of the petitioner - 4 - HC-KAR NC: 2025:KHC:43793 WP No. 24407 of 2023 on whose complaint, defendant Nos.1 and 2 have taken action against the plaintiff is required and therefore petitioner is a proper and necessary party to the proceeding. Accordingly, he prays to allow the petition. 5. Learned counsel for the petitioner has produced the copy of the resolution dated 09.05.2022 which was passed by respondent No.3, Grampanchayath, resolving to take action against the plaintiff to remove the metal sheet put up in front of the house of the plaintiff, which was obstructing the pathway. The said resolution was passed based on the complaint received from the petitioner who is said to be residing in the house situated towards the eastern side of the suit schedule property. According to the learned counsel for the petitioner respondent Nos.2 and 3 who are defendant Nos.1 and 2 in the suit are the state and instrumentality of the state and defendant Nos.1 and 2 have not filed written statement defending the suit. - 5 - HC-KAR NC: 2025:KHC:43793 WP No. 24407 of 2023 6. The averments found in the resolution referred to above clearly states that action is taken against the plaintiff by defendant Nos.1 and 2 on the complaint received from the petitioner alleging that plaintiff has put up a metal sheet in front of her house, obstructing the public place and the same has been causing hindrance to the petitioner and others to have access to their property. Considering the set aspect of the matter, I am of the opinion that the petitioner is a proper and necessary party for the purpose of effectively adjudicating the dispute involved in the suit and the Trial Court has failed to appreciate this aspect of the matter and has erred in rejecting I.A.No.3 filed on behalf of the plaintiff. According to the following: ORDER (i) The writ Petition is allowed. (ii) The order dated 17.08.2023 passed on I.A.No.3 in O.S.No.468/2022 by the - 6 - HC-KAR NC: 2025:KHC:43793 WP No. 24407 of 2023 Court of I Additional Civil Judge and JMFC at Mandya is set aside and consequently the prayer made in the said application is granted. Pending I.A's, if any, do not survive for consideration and the same are accordingly, disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 9