- 1 - HC-KAR NC: 2026:KHC:10588 WP No. 1265 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1265 OF 2026 (GM-CPC) BETWEEN: 1. SRI C M KHADER S/O.LATE.CMK.ALI AGED ABOUT 60 YEARS, RESIDING AT NO.89, 3RD CROSS, BHOOPASANDRA MAIN ROAD, BANGALORE - 560094 …PETITIONER (BY SRI. V.K.NARAYANA SWAMY., ADVOCATE) AND: 1. MS. GEETA PRAHLAD NAIK W/O.P.R.NAIK, AGED ABOUT 75 YEARS RESIDING AT B-13M, FAIRLAWN CHS, SLON TROMBAY ROAD, CHEMBUR, MUMBAI - 400071 2. MR. SANJEEV PRAHLAD NAIK S/O.LATE PRAHLAD NAIK, AGED ABOUT 58 YEARS RESIDING AT E-703, AMEY CHS, PALM BEACH RESIDENCY, SECTOR, NERUL, NAVI MUMBAI, THANE - 400706 3. MR. VIVEK. P.NAIK S/O.P.R.NAIK, AGED ABOUT 54 YEARS, RESIDING AT POLARIS 11C, AQUILA HEIGHTS, HMT FACTORY ROAD, JALAHALLI, BANGALORE - 560013 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10588 WP No. 1265 of 2026 4. MR. NISCHAL PRAHLAD NAIK, S/O.P.R.NAIK, AGED ABOUT 51 YEARS, RESIDING AT B-13, FAIRLAWN CHS, SLON TROMBAY ROAD, CHEMBUR, MUMBAI - 400071 5. HKBK COLLEGE OF ENGINEERING NO.22/1, NEAR MANYATA TECH PARK, NAGWARA, BANGALORE - 560045 REPRESENTED BY ITS AUTHORIZED SIGNATORY 6. SYED HARRON RASHEED MAJOR, AUTHORIZED SIGNATORY/ MANAGER OF HKBK COLLEGE OF ENGINEERING, NO.22/1, NAGAWARA, ARABIC COLLEGE POST, NEAR MANYATA TECH PARK, BANGALORE - 560045 7. MR. FAIZAL S/O.KHADER. C.M WORKING IN HKBK COLLEGE OF ENGINEERING, NO.22/1, NEAR MANYATA TECH PARK, NAGAWARA, BANGALORE - 560045 RESIDING AT NO.89, 3RD CROSS, BHUPASANDRA MAIN ROAD, BANGALORE-560094 …RESPONDENTS (BY SRI.S.RAJASHEKAR FOR SRI.NITYANANDA V.NAIK, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI (OR) ANY OTHER SUITABLE ORDER (OR) DIRECTION BY SETTING ASIDE THE IMPUGNED ORDER DATED. 18/12/2025 PASSED BY THE LEARNED PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN IA NO.10, IN O.S.NO.508/2018 AT ANNEXURE-E AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:10588 WP No. 1265 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the impleading applicant in O.S.No.508/2018 on the file of the Principal City Civil and Sessions Judge, Bangalore is directed against the impugned order dated 18.12.2025 passed on I.A.No.10, whereby the application-I.A.No.10 filed by the petitioner/impleading applicant under Order 1 Rule 10 of CPC seeking impleadment as additional defendant No.4 was rejected by the trial Court. 2. Heard learned counsel for the petitioner and learned counsel for respondent No.3 and perused the material on record. 3. A perusal of the material on record will indicate that respondent Nos.1 to 4/plaintiffs instituted the aforesaid suit against respondent Nos.5 to 7/defendant Nos.1 to 3 for their ejectment/eviction from the suit schedule immovable property and for other reliefs. The said suit is being contested by the defendants. Pursuant to which, the trial Court framed the following issues: - 4 - HC-KAR NC: 2026:KHC:10588 WP No. 1265 of 2026 "1. Whether plaintiff proves that, there exists jural relationship of landlord and tenant between plaintiff and defendants? 2. Whether, plaintiff proves that, the tenancy of the defendant is legally terminated as alleged in the plaint? 3. Whether, plaintiff further proves that, defendants in arrears of rent of Rs.3,50,000/- commencing from 1/4/2017 to 31/10/2017? 4. Whether plaintiffs proves that, the defendants are liable to pay the damages commencing from 1/11/2017 to the extent of Rs.50,000/- per month till the date of handing over vacant possession? 5. Whether first defendant proves that, plaintiff is liable to pay Rs.6,57,500/- together with interest at the rate of 10% per annum from the date of claiming counter claim till the date of realisation as claimed in the counter claim? 6. Whether defendant No.1 and 2 proves that they have validly terminated the tenancy of defendant No.3 from June 2016 and he is no more a tenant as claimed in the counter claim? 7. Whether plaintiff is entitled for possession of the suit schedule property as claimed? 8. To what relief, plaintiff is entitled? 9. What order or decree?" 4. As can be seen from issue No.1 framed in the suit, the question/issue regarding existence of jural relationship of - 5 - HC-KAR NC: 2026:KHC:10588 WP No. 1265 of 2026 landlord and tenant between the plaintiffs and the defendants has been framed by the trial Court. 5. After commencement of trial, the petitioner filed the instant application seeking impleadment claiming independent right over the suit schedule property. The said application having been opposed by the plaintiffs, the trial Court proceeded to pass the impugned order rejecting the application on the ground that in the suit for ejectment/eviction simpliciter, it is impressible to expand/enlarge the scope of the suit by permitting the third party claiming independent right to get himself impleaded in the instant lis and consequently rejected the application filed by the petitioner, who is before this Court by way of the present petition. 6. Though several contentions have been urged by the petitioner on one hand and the plaintiffs on the other as regards the claim and contention urged by both sides in relation to the suit schedule property, in order to avoid multiplicity of proceedings and in order to prevent the parties to be driven to another round of litigation by way of a separate suit or during Execution Proceedings, I deem it just and proper - 6 - HC-KAR NC: 2026:KHC:10588 WP No. 1265 of 2026 to keep open all rival contentions and set aside the impugned order and allow I.A.No.10 and permit the petitioner to implead himself as defendant No.4 with directions to dispose of the suit within a stipulated time frame. 7. In the result, the following: ORDER i) Petition is hereby allowed. ii) Impugned order dated 18.12.2025 passed on I.A.No.10 by the Principal City Civil and Sessions Judge, Bangalore is hereby set aside. iii) I.A.No.10 is allowed and the petitioner is permitted to be impleaded as additional defendant No.4 in the suit. iv) The petitioner is permitted to file his written statement in the suit on the next date of hearing of the suit before the trial Court. v) The trial Court is directed prepone/advance the suit from 23.04.2026 to 09.03.2026, on which day the petitioner shall file written statement as defendant No.4 without seeking any adjournment under any circumstances whatsoever. - 7 - HC-KAR NC: 2026:KHC:10588 WP No. 1265 of 2026 vi) Immediately upon the petitioner filing written statement on 09.03.2026 as stated supra, the trial Court shall frame additional issues, if any and dispose of the suit within a period of six from 09.03.2026. vii) It is further directed that except filing written statement and contesting the suit, the petitioner herein would not be entitled to putforth a counter claim in the suit against the plaintiffs. viii) The plaintiff is directed to amend the cause title to the plaint and file amended cause title on 09.03.2026. ix) 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 VM List No.: 1 Sl No.: 22