- 1 - HC-KAR NC: 2026:KHC:32705 WP NO.26331 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.26331 OF 2023 (KLR-RES) BETWEEN: SRI. M.R. KUMARASWAMY S/O LATE D. RAJE GOWDA @ SWAMY GOWDA, AGED ABOUT 51 YEARS, R/O DOOR NO.848, KRISHNANAGARA, 2ND STAGE, PANDAVAPURA, MANDYA - 571 434. …PETITIONER (BY SRI. MALIPATIL P.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER (DDLR) MANDYA DISTRICT, MANDYA - 571 401. 3. THE ASST. DIRECTOR OF LAND RECORDS PANDAVAPURA TALUK, PANDAVAPURA, MANDYA DISTRICT - 571 434. 4. THE TAHSILDAR PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32705 WP NO.26331 OF 2023 5. THE REVENUE INSPECTOR KENCHENAHALLI, KASABA HOBLI, PADAVAPURA TALUK, MANDYA DISTRICT - 571 401. 6. SRI. C. SURESH S/O C.R. CHIKKARAMU, AGED ABOUT 59 YEARS, R/O ERODE STREET, NAGAMANGALA ROAD, PANDAVAPURA TOWN, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434. 7. SRI. BHASKAR S/O LATE H. VENKATARAMANE GOWDA, AGED ABOUT 45 YEARS. 8. SRI. V.S. KRISHNA S/O LATE YAJAMAN SWAMEGOWDA, AGED ABOUT 73 YEARS. RESPONDENTS 7 AND 8 ARE PERMANENT RESIDENTS OF ERODE STREET, NAGAMANGALA ROAD, PANDAVAPURA TOWN, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434. 9. SRI. V. KALEGOWDA S/O NINGAMMANA KALEGOWDA, AGED ABOUT 70 YEARS, R/O VADDARAHALLI, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434. 10. SRI. BALRAM S/O LATE RAMALINGEGOWDA, AGED ABOUT 71 YEARS. 11. SRI. MOGANNAGOWDA S/O LATE RAMALINGEGOWDA, AGED ABOUT 65 YEARS. - 3 - HC-KAR NC: 2026:KHC:32705 WP NO.26331 OF 2023 12. SRI. SHANKAR S/O LATE RAMALINGEGOWDA, AGED ABOUT 55 YEARS. 13. SRI. VISHAKANTA S/O LATE RAMALINGEGOWDA, AGED ABOUT 50 YEARS. RESONDENTS 10 TO 13 ARE R/O CHANDRE VILLAGE, KASABA HOBLI, PANDAVAPURA, MANDYA DISTRICT - 571 434. 14. SRI. C. RAMESH S/O LATE CHIKKARAMU, AGED ABOUT 60 YEARS, R/O ERODE STREET, NAGAMANGALA ROAD, PANDVAPURA TOWN, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R5; SRI. ABHINAY Y.T., ADVOCATE FOR R6; V/O DATED 04.12.2023, NOTICE TO R7 TO R14 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 16TH NOVEMBR, 2023 PASSED BY THE RESPONDENT NO.2 ON I.A. FILED BY THE PETITIONER FOR IMPLEADING IN R.A.NO.238/2021-22 ON THE FILE OF RESPONDENT NO.2 VIDE ANNEXURE-F AND ALLOW I.A. FILED UNDER ORDER I RULE 10(2) OF THE CODE OF CIVIL PROCEDURE BY PETITIONER VIDE ANNEXURE-D; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 4 - HC-KAR NC: 2026:KHC:32705 WP NO.26331 OF 2023 ORAL ORDER In this petition, the petitioner is challenging the order dated 16th November, 2023 (Annexure-F) passed by the respondent No.2, wherein, the application filed by the petitioner for impleading him as respondent in R.A.No.238/2021-2022 was rejected. 2. Heard Sri. Malipatil P.S., learned counsel appearing for the petitioner; Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents 1 to 5 and Sri. Abhinay Y.T., learned counsel appearing for the respondent No.6. 3. Having heard the learned counsel appearing for the parties and on careful consideration of grounds urged in the writ petition, it is forthcoming that the respondent No.6 had executed Lease Agreement and certain portion of land in Survey No.5/1 and 5/2 Kenchenahalli, Kasaba Hobli, Pandavapura has been mortgaged. In that view of the matter, I am of the view that, there is no impediment for the respondent No.2 to allow the application made by the petitioner under Order I Rule 10(2) of the Code of Civil Procedure for impleading him as co-respondent in R.A. No.238/2021-22 and - 5 - HC-KAR NC: 2026:KHC:32705 WP NO.26331 OF 2023 take decision in the matter on merits, after affording an opportunity of hearing to the petitioner. Accordingly, I pass the following: O R D E R (i) Writ Petition allowed; (ii) Order dated 16th November, 2023 (Annexure- F) passed by the respondent No.2, rejecting the application made by the petitioner under Order I Rule 10(2) of the Code of Civil Procedure for impleading him as a respondent in R.A. No.238/2021-22 is hereby set-aside; (iii) Consequently, application filed by the petitioner under Order I Rule 10(2) of the Code of Civil Procedure for impleading him as respondent in R.A. No.238/2021-22 is hereby allowed; (iv) Respondent No.2 is directed to afford an opportunity of hearing to all the parties concerned and conclude the proceedings at the earliest. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 53