- 1 - HC-KAR NC: 2026:KHC:7379 WP No. 29463 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 29463 OF 2024 (GM-CPC) BETWEEN: 1. SRI T SHANKARA RAJU, SINCE DEAD BY LRS. SMT. PARVATHAMMA, W/O. LATE SHANKARA RAJU, AGED ABOUT 42 YEARS, RESIDING AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT - 563 101. 2. KUM. HARSHINI S, D/O. LATE SHANKARA RAJU, AGED ABOUT 20 YEARS, RESIDING AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT - 563 101. 3. MASTER THRIGUN NAYAKA S, S/O. LATE SHANKARA RAJU, AGED ABOUT 18 YEARS, ARE RESIDING AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT - 563 101. …PETITIONERS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7379 WP No. 29463 of 2024 (BY SRI. S VISWESWARAIAH, ADVOCATE) AND: 1. SMT. SUMATHI, W/O LATE.B M CHANDRA KUMAR, AGED ABOUT 51 YEARS, RESIDING AT NO.2272, JEEVAN BIMA NAGAR, BDA LAYOUT, 3RD STAGE, BANGALORE - 560 075. 2. SRI.LOKNATHA REDDY, S/O LATE. RAMAKRISHNAREDDY, AGED ABOUT 35 YEARS, RESIDING AT NO.360, 1ST CROSS, 3RD MAIN, MARATHAHALLI, BANGALORE - 560 037. 3. SRI.NARASIMHAPPA, S/O LATE. MUNIKADIRAPPA, GREAT GRAND SON OF HONNURAPPA & MUNIYAMMA, AGED ABOUT 58 YEARS, AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT - 563 101. 4. SRI.KADIRAPPA, S/O LATE. MUNIKADIRAPPA, GREAT GRAND SON OF HONNURAPPA & MUNIYAMMA, AGED ABOUT 50 YEARS, AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT - 563 101. - 3 - HC-KAR NC: 2026:KHC:7379 WP No. 29463 of 2024 5. SRI. VENKATESHAPPA, S/ LATE. MUNIKADIRAPPA, GREAT GRAND SON OF HONNURAPPA & MUNIYAMMA, AGED ABOUT 50 YEARS, AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT - 563 101. 6. SRI. RAJAPPA, S/O LATE. MUNIKADIRAPPA, GREAT GRAND SON OF HONNURAPPA & MUNIYAMMA, AGED ABOUT 48 YEARS, AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT - 563 101. 7. SRI. HONNURAPPA, S/O BAYYAPPA, AGED ABOUT 83 YEARS, AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT - 563 101. 8. SMT. BHAGYAMMA, D/ LATE. RATHNAMMA, GREAT GRAND DAUGHTER OF HONNURAPPA & MUNIYAMMA, AGED ABOUT 42 YEARS, AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT - 563 101. 9. SMT. LAKSHMAMMA, D/O LATE. HONNURAMMA, GREAT GRAND DAUGHTER OF HONNURAPPA & MUNIYAMMA, AGED ABOUT 55 YEARS, - 4 - HC-KAR NC: 2026:KHC:7379 WP No. 29463 of 2024 AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT - 563 101. 10. SMT. LAKSHMAMMA, D/O LATE. KEMPAMMA, GREAT GRAND DAUGHTER OF HONNURAPPA & MUNIYAMMA, AGED ABOUT 50 YEARS AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT - 563 101. 11. SRI.B H MURTHY, S/O HONNURAPPA, S/O. BAYYAPPA AGED ABOUT 45 YEARS, AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT - 563 101. …RESPONDENTS (BY SRI.R-3 TO R-11 ARE SERVED AND UNREPRESENTED; V/O/D 05.11.2024 NOTICE TO R1 & R2 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH/SET ASIDE THE ORDER PASSED BY THE HONBLE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT KOLAR PASSED ON IA IN OS NO. 306/2019, DTD 18.09.2024 PRODUCED AT ANNEXURE-A BY ALLOWING THE WP AND CONSEQUENTLY ALLOW IA NO.8 FILED BY THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:7379 WP No. 29463 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiffs in OS.306/19 on the file of the II Additional Senior Civil Judge and JMFC at Kolar is directed against the impugned order passed on IA.No.10 dated 18.09.2024 whereby the said application filed by respondents No.3 to 10/impleading applicants seeking impleadment under Order I Rule 10 of CPC was allowed by the trial Court. 2. Heard the learned counsel for petitioners. Respondents No.3 to 10 having been served with notice of this petition have chosen to remain unrepresented and have not contested the petition. 3. Perusal of the material on record will indicate that the petitioners/plaintiffs instituted the aforesaid suit against the respondents/defendants for declaration of title and injunction in relation to the suit schedule immovable - 6 - HC-KAR NC: 2026:KHC:7379 WP No. 29463 of 2024 property. In the said suit, the petitioners/plaintiffs impleaded only the respondents No.1 and 2 as the defendants No.1 and 2 in the suit. During the pendency of the suit, the respondents No.3 to 10 sought impleadment by filing the instant IA.No.10 to which the petitioner filed objections on 04.04.2024. It is the grievance of petitioners that despite having filed detailed statement of objections to the impleadment application filed by the respondents No.3 to 10, the trial Court has come to the incorrect/erroneous conclusion that petitioners had not filed objections and consequently allowed the impleadment application by passing the impugned order which is assailed in the present petition. 4. As rightly contented by the learned counsel for the petitioners, their material on record discloses that the petitioners have indeed filed statement of objections to IA.No.10 on 04.04.2024. Under these circumstances, the trial Court clearly fell in error in proceeding on the erroneous premise that the petitioners have not filed - 7 - HC-KAR NC: 2026:KHC:7379 WP No. 29463 of 2024 objections to the impleadment application and consequently on this short ground alone, I deem it just and appropriate to set aside the impugned order and remit the matter back to the trial Court for reconsideration of IA.No.10 afresh and in accordance with law. 5. In result, I proceed to pass the following: ORDER i. Writ petition is hereby allowed. ii. Impugned order passed by II Additional Senior Civil Judge and JMFC at Kolar on I.A.No.10 in O.S.No.306/2019 dated 18.09.2024 is hereby set aside. iii. The matter is remitted back to the trial Court for reconsideration of IA.No.10 afresh after considering objections filed by the petitioner and in accordance with law. - 8 - HC-KAR NC: 2026:KHC:7379 WP No. 29463 of 2024 iv. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE RJ List No.: 1 Sl No.: 23