- 1 - HC-KAR CNR: KAHC010257702021 NC: 2026:KHC:40207 WP No. 13300 of 2021 C/W WP No. 13268 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 13300 OF 2021 (GM-CPC) C/W WRIT PETITION NO. 13268 OF 2021 (GM-CPC) IN WP No. 13300/2021 BETWEEN: SRI K V PUTTEGOWDA S/O LATE VENKATESHAPPA AGED ABOUT 58 YEARS R/A NO.137, 1ST PHASE RAJEEV GANDHINAGAR NEAR GANGA BOREWELL OFFICE KODIGEHALLI BENGALURU - 560 092 …PETITIONER (BY SRI. RAHUL S. REDDY, ADVOCATE) AND: 1. SRI SRINIVAS V S/O LATE VENKATESHAPPA AGED ABOUT 41 YEARS R/A NO.46, GANTIGANAHALLI VILLAGE SINGANAYAKANAHALLI POST YELAHANKA HOBLI BANGALORE - 560 064 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010257702021 NC: 2026:KHC:40207 WP No. 13300 of 2021 C/W WP No. 13268 of 2021 2. SMT NAGAVENI @ NAGAMANI W/O LATE HANUMEGOWDA AGED ABOUT 36 YEARS R/A NO.124, MARALENAHALLI VILLAGE DODDABALLAPUR TALUK BANGALORE RURAL - 561 203 3. V VENKATEGOWDA S/O LATE VENKATESHAPPA AGED ABOUT 37 YEARS R/A C/O C SWAMY BUILDING 2B, 1ST FLOOR NEAR NETHRAVATH BAR THINDLU MAIN ROAD THINDLU VILLAGE VIDYARANYAPURA POST BANGALORE - 560 097 4. SMT SARASWATHI W/O SRI SRINIVAS V AGED ABOUT 39 YEARS R/A NO.46, GANTIGANAHALI VILLAGE SINGANAYAKANAHALLI POST YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064 5. C M M GROUPS REP BY PROP. DR. C. K. MOULA SHARIFF S/O LATE C MAHABOOB SAB R/A NO.1694, 16TH CROSS, 5TH BLOCK, HBR LAYOUT BANGALORE - 560 043 …RESPONDENTS - 3 - HC-KAR CNR: KAHC010257702021 NC: 2026:KHC:40207 WP No. 13300 of 2021 C/W WP No. 13268 of 2021 (BY SMT. P.C. VINITHA, ADVOCATE FOR R1, R3 AND R4 R2 - SERVED VIDE ORDER DATED 30.06.2026, NOTICE TO R5 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS IN O.S.NO.7134/2017 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU, QUASH THE ORDER DATED 04.03.2021 PASSED ON I.A.NO.4, 5 AND 8 IN O.S.NO.7134/2017 FILED BY THE PLAINTIFF/PETITIONER UNDER ORDER 1 RULE 10(2) OF CPC VIDE ANNEXURE-H AND ALLOW THE SAME. IN WP NO. 13268/2021 BETWEEN: SRI K V PUTTEGOWDA S/O LATE VENKATESHAPPA AGED ABOUT 58 YEARS R/A NO.137, 1ST PHASE RAJEEV GANDHINAGAR NEAR GANGA BOREWELL OFFICE KODIGEHALLI BENGALURU - 560 092 ...PETITIONER (BY SRI. RAHUL S. REDDY, ADVOCATE) AND: 1. SRI SRINIVAS V S/O LATE VENKATESHAPPA - 4 - HC-KAR CNR: KAHC010257702021 NC: 2026:KHC:40207 WP No. 13300 of 2021 C/W WP No. 13268 of 2021 AGED ABOUT 41 YEARS R/A NO.46, GANTIGANAHALLI VILLAGE SINGANAYAKANAHALLI POST YELAHANKA HOBLI BANGALORE - 560 064 2. SMT NAGAVENI @ NAGAMANI W/O LATE HANUMEGOWDA AGED ABOUT 36 YEARS R/A NO.124, MARALENAHALLI VILLAGE DODDABALLAPUR TALUK BANGALORE RURAL - 561 203 3. V VENKATEGOWDA S/O LATE VENKATESHAPPA AGED ABOUT 37 YEARS R/A C/O C SWAMY BUILDING 2B, 1ST FLOOR NEAR NETHRAVATHI BAR THINDLU MAIN ROAD THINDLU VILLAGE VIDYARANYAPURA POST BANGALORE - 560 097 4. SMT SARASWATHI W/O SRI SRINIVAS V AGED ABOUT 39 YEARS R/A NO.46, GANTIGANAHALLI VILLAGE SINGANAYAKANAHALLI POST YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064 5. C M M GROUPS REP BY PROP DR C K MOULA SHARIFF - 5 - HC-KAR CNR: KAHC010257702021 NC: 2026:KHC:40207 WP No. 13300 of 2021 C/W WP No. 13268 of 2021 S/O LATE C MAHABOOB SAB R/A NO.1694, 16TH CROSS, 5TH BLOCK, HRB LAYOUT BANGALORE - 560 043 ...RESPONDENTS (BY SMT. P.C. VINITHA, ADVOCATE FOR R1, R3 AND R4 R2 - SERVED VIDE ORDER DATED 30.06.2026, NOTICE TO R5 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.7134/2017 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU, QUASH THE ORDER DATED 04.03.2021 PASSED ON IA NO.6 ONLY WITH RESPECT TO THE DISMISSAL OF AMENDMENT TO THE PRAYER COLUMN IN O.S.NO.7134/2017 FILED BY THE PLAINTIFF/PETITIONER UNDER ORDER 6 RULE 17 R/W SECTION 151 OF CPC BY XXIX ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BENGALURU. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 6 - HC-KAR CNR: KAHC010257702021 NC: 2026:KHC:40207 WP No. 13300 of 2021 C/W WP No. 13268 of 2021 ORAL ORDER W.P.No.13300/2021 is filed challenging the order dated 04.03.2021 passed on I.A.Nos.4, 5 and 8, and W.P.No.13268/2021 is filed challenging the order dated 04.03.2021 passed on I.A.No.6 in O.S.No.7134/2017 (hereinafter referred to as the 'trial Court' for short). 2. Heard Sri Rahul S Reddy, learned counsel for the petitioner and Smt. P.C. Vinitha, learned counsel for respondent Nos.1, 3 and 4. 3. The petitioner in both the writ petitions is the plaintiff in O.S.No.7134/2017. The said suit is filed seeking the relief of partition and separate possession and for a declaration that the gift deed dated 17.03.2017 is not binding on the plaintiff. In the said suit, defendant No.1 has entered appearance and filed his written statement. 4. The records indicate that the trial Court, on consideration of the plaintiff's prayer for temporary - 7 - HC-KAR CNR: KAHC010257702021 NC: 2026:KHC:40207 WP No. 13300 of 2021 C/W WP No. 13268 of 2021 injunction, initially granted an ex parte order. Later, the application for temporary injunction came to be rejected. The said order was assailed by the petitioner/plaintiff before this Court in M.F.A.No.5962/2018. This Court, by setting aside the order of the trial Court, allowed the appeal and granted an order of temporary injunction restraining the defendants from alienating the suit schedule property on 16.04.2026. 5. Thereafter, the plaintiff filed applications in I.A.Nos.4, 5 and 8 for impleading the purchasers of portions of Item No.1 of the suit schedule property, as well as I.A.No.6 for amendment of the plaint. The trial Court, by a common order dated 04.03.2021, dismissed I.A.Nos.4, 5 and 8 filed for impleadment and partly allowed I.A.No.6 for amendment by declining the relief of declaration that the subsequently executed sale deeds are not binding on the plaintiff. - 8 - HC-KAR CNR: KAHC010257702021 NC: 2026:KHC:40207 WP No. 13300 of 2021 C/W WP No. 13268 of 2021 6. It is required to be noticed that the plaintiff is specifically contending that the trial Court had initially granted an ex parte order of temporary injunction against the defendants, directing them not to alienate the suit schedule property. Subsequently, the said order came to be set aside by rejecting the application for temporary injunction. Thereafter, the same was assailed before this Court in M.F.A.No.5962/2018, wherein this Court set aside the order of the trial Court and granted an order of temporary injunction restraining the defendants from alienating the suit schedule property. 7. It is not in dispute that alienation of portions of the suit schedule property by the defendants has taken place during the non-operation of the interim order and during the pendency of the said suit. Hence, the plaintiff intends to bring the proposed buyers on record in order to avoid multiplicity of proceedings and also to avoid further alienation. The plaintiff has also sought amendment of the - 9 - HC-KAR CNR: KAHC010257702021 NC: 2026:KHC:40207 WP No. 13300 of 2021 C/W WP No. 13268 of 2021 plaint to bring the subsequent events on record and sought a relief of declaration that the sale deeds executed during the pendency of the suit are not binding on the plaintiff. 8. In my considered view, the application seeking amendment is filed at the pre-trial stage, prior to commencement of evidence. The plaintiff seeks to bring subsequent events on record and also seeks a relief of declaration that the sale deeds executed by the defendants in favour of the proposed defendants are not binding on him. In my considered view, allowing such applications would avoid multiplicity of proceedings between the parties. 9. The proposed defendants are necessary and proper parties in order to work out the appropriate shares during the adjudication of the suit for partition. In view of the aforesaid reasons, I am of the view that the trial Court has committed a grave error in rejecting the applications - 10 - HC-KAR CNR: KAHC010257702021 NC: 2026:KHC:40207 WP No. 13300 of 2021 C/W WP No. 13268 of 2021 filed for impleadment as well as amendment. Accordingly, I proceed to pass the following: ORDER a) The writ petitions are allowed. b) The impugned orders dated 04.03.2021 in O.S.No.7134/2017 are set aside. c) Consequently, I.A.Nos.4, 5, 8 and 6 are allowed. d) The petitioner shall file the amended plaint within three weeks before the trial Court from the date of receipt of a copy of this order. e) The defendants, including the newly impleaded defendants, are permitted to file their written statements in accordance with law. - 11 - HC-KAR CNR: KAHC010257702021 NC: 2026:KHC:40207 WP No. 13300 of 2021 C/W WP No. 13268 of 2021 No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 21