- 1 - HC-KAR NC: 2026:KHC:17931 WP No. 35976 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35976 OF 2024 (GM-CPC) BETWEEN: 1. SRI B. VINAYAKA PRASANNA S/O LATE SRINIVASA MURTHY AGED ABOUT 53 YEARS. 2. SMT. SHILPA D/O LATE SRINIVASA MURTHY AGED ABOUT 40 YEARS. BOTH RESIDING AT 8TH CROSS NO.22, 7TH MAIN, 8TH CROSS MALLESWARAM BANGALORE – 560 003. …PETITIONERS (BY SRI K. GOVINDRAYA KAMATH, ADV.) AND: 1. SRI BYRALINGAIAH S/O HANUMANTHAIAH SINCE DEAD REP. BY HIS LRS SMT. KEMPAMMA W/O LATE BYRALINGAIAH AGED ABOUT 71 YEARS. 2. SRI RANGAPPA S/O LATE BYRALINGAIAH AGED ABOUT 50 YEARS. 3. SRI KARAGAMMA Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17931 WP No. 35976 of 2024 S/O LATE BYRALINGAIAH AGED ABOUT 50 YEARS. 4. GANGAMMA D/O LATE BYRALINGAIAH AGED ABOUT 47 YEARS. 5. SMT. LAKSHMI D/O LATE BYRALINGAIAH AGED ABOUT 44 YEARS. 6. SRI KRISHNA S/O LATE BYRALINGAIAH AGED ABOUT 41 YEARS. 1 TO 6 ARE ALL R/AT LAKSHMIPURA VILLAGE YASHWANTHAPURA HOBLI VIDYARANYAPURA POST BENGALURU NORTH TALUK BENGALURU – 560 097. 7. SMT JAYAMMA W/O SAMPANGI SINCE DEAD REP. BY HER LRS SRI RANGASWAMY S S/O LATE L.S. SAMPANGI AND LATE JAYAMMA AGED ABOUT 49 YEARS RESIDING AT NO.83 LAKSHMIPURA VILLAGE YASHWANTHAPURA HOBLI VIDHYARANYAPURA POST BENGALURU – 560 097. SRI CHIKKANNA S/O ANJANAPPA SINCE DEAD REP. BY HIS LRS - 3 - HC-KAR NC: 2026:KHC:17931 WP No. 35976 of 2024 8. SRI MUNINIYAPPA S/O LATE CHIKKANNA HINDU AGED ABOUT 65 YEARS. 9. SMT. CHIKKAMMA W/O LATE CHIKKANNA AGED ABOUT 59 YEARS. 10. SRI NAGARAJU S/O LATE CHIKKANNA AGED ABOUT 57 YEARS. 11. SMT. NAGARATHNAMMA D/O LATE CHIKKANNA MAJOR IN AGE. SRI HANUMANTHARAJU S/O LATE HIKKANNA SINCE DECEASED LRs 12. SMT. LALITHA W/O LATE HANUMANTHARAJU HINDU AGED ABOUT 43 YEARS. 13. SRI VINOD KUMAR S/O LATE HANUMANTHARAJU AGED ABOUT 22 YEARS. 14. SRI AMRUTH GOWDA S/O LATE HANUMANTHARAJU AGED ABOUT 21 YEARS. ALL ARE RESIDING AT LAKSHMIPURA VILLAGE YASHWANTHAPURA HOBLI BANGALORE NORTH TALUK – 560 092. …RESPONDENTS (BY SRI T.H. NARAYANA, ADV., FOR R-1 TO R-6; - 4 - HC-KAR NC: 2026:KHC:17931 WP No. 35976 of 2024 SRI NITISH K.N, ADV., FOR SRI K.V. NARASIMHAN, ADV., FOR R-7; SRI UDAY K.S, ADV., FOR R-8, R-10, R-11, R-12, R-13 & R-14) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH ANNEXURE-F THE ORDER OF I.A NO. 30 AND 31 DATED 03RD OF DECEMBER 2024 ON THE FILE OF THE 24TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-28) IN O.S.NO.3158/2009 AND CONSEQUENTLY ALLOW THE SAID APPLICATIONS TO IMPLEAD THE PROPOSED DEFENDANTS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioners-plaintiffs have called in question the order dated 03.12.2024 passed on I.A.Nos.30 & 31 by the XIV Additional City Civil and Sessions Judge, Bengaluru City (hereinafter referred to as ‘Trial Court’ for short) in O.S.No.3158/2009, whereby the said applications filed by the plaintiffs under Order I Rule 10(2) of CPC for impleading the proposed defendants has been dismissed. - 5 - HC-KAR NC: 2026:KHC:17931 WP No. 35976 of 2024 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiffs have filed a suit for declaration. During the pendency of the suit, the plaintiffs filed I.A.Nos.30 & 31 under Order I Rule 10(2) of the CPC to implead the proposed defendants as defendant Nos.4 to 7. Since the plaintiffs did not produce any material to show that the proposed defendants are related to the subject matter of the litigation in O.S.No.3158/2009, the Trial Court dismissed the said applications. 4. Learned counsel appearing for the petitioners submitted that the petitioners-plaintiffs have sufficient material to show that the proposed defendants are in possession of the suit schedule property and that the revenue records stand in their names. It is further submitted that, if one more opportunity is granted, the petitioners would file a fresh application along with all necessary documents. - 6 - HC-KAR NC: 2026:KHC:17931 WP No. 35976 of 2024 5. Having regard to the said submission, and in order to afford an opportunity to the petitioners to place relevant material on record for proper adjudication, the writ petition is disposed of, reserving liberty to the petitioners-plaintiffs to file a fresh application under Order I Rule 10(2) of the CPC enclosing all necessary documents. 6. If such an application is filed enclosing all necessary documents, the Trial Court shall consider the same in accordance with law, without being influenced by any observations made in the impugned order. All pending applications, if any, stand disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 59