- 1 - HC-KAR CNR: KAHC010308612021 NC: 2026:KHC:36517 W.P. No.15584/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.15584/2021 (GM-CPC) BETWEEN: 1. SRI. KRISHNAPPA S/O LATE NANJUNDAPPA AGED ABOUT 70 YEARS RESIDING AT NO.247 6TH CROSS, MANORAYANAPALYA R T NAGAR POST BENGALURU NORTH BENGALURU-560032. 2. SRI. GOPALAPPA S/O LATE NANJUNDAPPA AGED ABOUT 63 YEARS RESIDING AT NO.246 6TH CROSS, MANORAYANAPALYA R T NAGAR POST BENGALURU NORTH BENGALURU-560032. 3. 3(a) SRI. CHIKKAPPAIAH @ CHIKKABBAIAH SINCE DEAD BY HIS LEGAL HEIRS. SRI. LOKESH S/O CHIKKAPPAIAH @ CHIKKABBAIAH AGED ABOUT 47 YEARS RESIDING AT NO.248 6TH CROSS, MANORAYANAPALYA R T NAGAR POST BENGALURU NORTH BENGALURU-560032. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010308612021 NC: 2026:KHC:36517 W.P. No.15584/2021 3(b). SURESH S/O CHIKKAPPAIAH @ CHIKKABBAIAH AGED ABOUT 42 YEARS RESIDING AT NO.248 6TH CROSS, MANORAYANAPALYA R T NAGAR POST BENGALURU NORTH BENGALURU-560032. …PETITIONERS (BY SRI. CHANDRASHEKAR P, ADV.,) AND: 1. 1(a) SRI. BALAGURUSWAMY SINCE DEAD BY HIS LEGAL HEIRS. SRI. SUNDARAM S/O LATE BALAGURUSWAMY AGED ABOUT 56 YEARS. 1(b). SRI. SOUNDARARAJAN S/O LATE BALAGURUSWAMY AGED ABOUT 54 YEARS. 1(c). SMT. RAJARAJESHWARI D/O LATE BALAGURUSWAMY AGED ABOUT 52 YEARS. 1(d). SRI. SHANKARALINGAM S/O LATE BALAGURUSWAMY AGED ABOUT 50 YEARS. 1(e). SRI. B. SHAKTIVEL S/O LATE BALAGURUSWAMY AGED ABOUT 48 YEARS. 1(f). SRI. B. VENKATACHALAM S/O LATE BALAGURUSWAMY AGED ABOUT 46 YEARS. - 3 - HC-KAR CNR: KAHC010308612021 NC: 2026:KHC:36517 W.P. No.15584/2021 1(g). SRI. MUTHAIAH S/O LATE BALAGURUSWAMY AGED ABOUT 34 YEARS. R1(a) TO R1(g) ARE ALL R/AT NO.57, BGS HOUSE 2ND MAIN, 1ST BLOCK BEL LAYOUT, VIDYARANYAPURA BENGALURU-56097. 2. 2(a) SRI. MUNISWAMAPPA SINCE DEAD BY HIS LEGAL REP. SRI. M. CHANDRASHEKAR S/O LATE MUNISWAMAPPA AGED ABOUT 43 YEARS. 2(b). SRI. M. SRINIVAS S/O LATE MUNISWAMAPPA AGED ABOUT 41 YEARS. 2(c). SRI. M. PAPU S/O LATE MUNISWAMAPPA AGED ABOUT 39 YEARS. 2(d). SMT. SUNANDA D/O LATE MUNISWAMAPPA AGED ABOUT 53 YEARS. 2(e). SMT. DEVIKA D/O LATE MUNISWAMAPPA AGED ABOUT 48 YEARS. RESPONDENT NOS.2(a) TO 2(e) ARE ALL RESIDING AT NO.U-64 8TH MAIN ROAD, NETAJINAGAR KEMPAPURA AGRAHARA BENGALURU-560023. - 4 - HC-KAR CNR: KAHC010308612021 NC: 2026:KHC:36517 W.P. No.15584/2021 3. SORAJAMMA W/O CHIKKAPPAIAH @ CHIKKABBAIAH AGED ABOUT 61 YEARS RESIDING AT NO.248, 6TH CROSS MANORAYANAPALYA R T NAGAR POST BENGALURU NORTH BENGALURU-560032. 4. GEETHA D/O CHIKKAPPAIAH @ CHIKKABBAIAH AGED ABOUT 49 YEARS RESIDING AT NO.248, 6TH CROSS MANORAYANAPALYA R T NAGAR POST BENGALURU NORTH BENGALURU-560032. 5. GIRIJA D/O CHIKKAPPAIAH @ CHIKKABBAIAH AGED ABOUT 44 YEARS RESIDING AT NO.248, 6TH CROSS MANORAYANAPALYA R T NAGAR POST BENGALURU NORTH BENGALURU-560032. 6. M/S. SREI EQUIPMENT FINANCE PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT VISHWAKARMA, 86C TOPSIA ROAD, KOLKATA-700046. BRANCH OFFICE AT, NO.14, 2ND FLOOR LANGFORD AVENUE BUILDING - 5 - HC-KAR CNR: KAHC010308612021 NC: 2026:KHC:36517 W.P. No.15584/2021 LANDFORD GARDEN, LALBAGH ROAD NEAR RICHMOND CIRCLE BENGALURU-560025. …RESPONDENTS (BY SRI. ASHWATH C.M. ADV., FOR R6 NOTICE TO R1 TO R5 D/W V/O/DTD:27.08.2021) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 27.05.2021 PASSED BY THE LEARNED 57TH ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU ON I.A.NO.1/2019 IN O.S.NO.16919/2004 THE COPY OF WHICH IS AS ANNEXURE-G TO THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 27.05.2021 passed on I.A. filed under Order I Rule 10 read with Section 151 of CPC in O.S.No.16919/2004 by the LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (for short, ‘the trial Court’). - 6 - HC-KAR CNR: KAHC010308612021 NC: 2026:KHC:36517 W.P. No.15584/2021 2. Heard Sri.Chandrashekar P., learned counsel for the petitioners-plaintiffs, Sri.Ashwath C.M., learned counsel respondent No.6 and perused the material available on record. 3. The petitioners-plaintiffs have filed the suit in O.S.No.16919/2004 seeking the relief of decree of cancellation of sale deed dated 03.01.2004 standing in the name of defendant No.1 in respect of B, C and D schedule properties and consequential relief of permanent injunction. In the said suit, the defendants filed the written statement. Thereafter, plaintiffs filed an application under Order I Rule 10 read with Section 151 of CPC seeking to implead M/s.SREI Equipment Finance Private Ltd., as defendant No.3 in the suit, the said application came to be rejected by the trial Court under the impugned order. 4. The assertion of the plaintiffs is that defendant No.2 had sold the property in favour of the defendant No.1 - 7 - HC-KAR CNR: KAHC010308612021 NC: 2026:KHC:36517 W.P. No.15584/2021 vide registered sale deed dated 03.01.2004 and thereafter defendant No.2, being the elder member of the family, kept all the records with him. The said property was alienated in favour of EMPEE constructions and the said company has obtained loan on schedule ‘A’ property from IDBI bank. The said IDBI bank had instituted the suit in O.S.No.10039/1995 which was decreed and later the said property was alienated in favour of EMPEE constructions in the execution proceedings. It is submitted that the General Power of Attorney holder of defendant No.1 had mortgaged all the suit schedule properties in favour of M/s.SREI Equipment Finance Private Ltd. by depositing the title deeds, hence M/s.SREI Equipment Finance Private Ltd. is a necessary and proper party to the suit. 5. It is required to be noticed that the alleged mortgage by deposit of title deed is during the pendency of the suit and suit is for cancellation of sale deed filed by the plaintiff against the defendants. It is the plaintiff who - 8 - HC-KAR CNR: KAHC010308612021 NC: 2026:KHC:36517 W.P. No.15584/2021 has to prove the case as to why the sale deed is required to be cancelled and how the sale deed has been executed by defendant No.2 in favour of defendant No.1 fraudulently. When things stood thus, the proposed defendant - M/s.SREI Equipment Finance Private Ltd. is neither a necessary nor a proper party to decide the controversy between the parties. Hence, the trial Court has rightly come to the conclusion that the said M/s.SREI Equipment Finance Private Ltd. is not necessary to be impleaded in the suit of the petitioners-plaintiffs. I do not find any error in the said order calling for interference in this petition. Hence, the writ petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 29