- 1 - HC-KAR CNR: KAHC010553072026 NC: 2026:KHC:42754 WP No. 25038 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25038 OF 2026 (GM-CPC) BETWEEN: SRI T.V.RAMAKRISHNA REDDY T.V. RAMAKRISHNA REDDY, S/O LATE VENKATA REDDY, AGED ABOUT 59 YEARS, R/AT KAMBALAPALLI, CHILAMATUR MANDALAM KODURU, HINDUPUR TALUK, ANANTHAPUR DISTRICT, ANDHRA PRADESH …PETITIONER (BY SRI. M. ERAPPA REDDY, ADVOCATE) AND: 1. DAPHNE IRIS FERTING W/O LANCELOT JONH FERTING AGED ABOUT 83 YEARS R/AT STATE BANK OF INDIA BUILDING MADRAS BANK ROAD BENGALURU CIVIL STATION, BENGALURU REPRESENTED BY HER GPA HOLDER SRI. V. RAMAMURTHY S/O T. VENKATACHALAPATHI SETTY AGED ABOUT 86 YEARS R/AT NO. 10, APPAJAPPA AGRAHARA LINE CHAMARAJAPET BENGALURU-560 018 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010553072026 NC: 2026:KHC:42754 WP No. 25038 of 2026 2. IVOR JAMES POONOO SINGH S/O LATE ANTHONY GURIDAT SINGH AGED ABOUT 43 YEARS PERMANENTLY RESIDING AT THE RISING SUN FARM 366, RAMAGONDANAHALLI, WHITEFILED VARTHUR MAIN ROAD BENGALURU-560 066 REPRESENTED BY HIS GPA HOLDER AND BROTHER ANTHONY CHARLES POONOO SINGH S/O LATE ANTHONY GURIDAT SINGH AGED ABOUT 46 YEARS PERMANENTLY RESIDING AT THE RISING SUN FARM 366, RAMAGONDANAHALLI, WHITEFILED VARTHUR MAIN ROAD BENGALURU-560 066 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE BENGALURU RURAL, BENGALURU, ON 10.01.2025 ON I.A. NO.IV IN O.S. NO.1004/2023 AS PER ANNEXURE-F.GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE ORDER PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE BENGALURU RURAL, BENGALURU ON 10.01.2025 ON AN I.A. NO. IV IN O.S. NO.1104/2023 AS PER ANNEXURE-F PENDING DISPOSAL OF THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR CNR: KAHC010553072026 NC: 2026:KHC:42754 WP No. 25038 of 2026 ORAL ORDER Aggrieved by the order dated 10.01.2025 passed in I.A.No.IV in O.S.No.1104/2023 by the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru, the petitioner/plaintiff is before this Court. 2. The petitioner herein, who is the plaintiff, filed O.S.No.1104/2023 seeking specific performance. In the suit, the impleading applicant filed I.A.No.IV under Order I Rule 10(2) read with Section 151 of the CPC, seeking permission to come on record as defendant No. 2, as he has an interest in the suit schedule property. It is his case that, against the defendant, he had obtained an order, and the said suit is pending consideration. The trial Court, by the impugned order, allowed the application. 3. Learned counsel appearing for the petitioner/plaintiff submits that in the light of the law laid down by the Apex Court in Kasturi Vs. Iyyamperumal and Others1, except the contracting parties, no other parties are necessary parties to the suit for specific performance. But the said judgment was 1 AIR 2005 SC 2813 - 4 - HC-KAR CNR: KAHC010553072026 NC: 2026:KHC:42754 WP No. 25038 of 2026 not considered by the trial Court. It is submitted that in the light of the law laid down in Kasturi's case referred supra, this application ought not have been allowed by the trial Court. 4. Having heard the learned counsel for the petitioner, perused the material on record. The Apex Court in the case of M/s. J N Real Estate Vs. Shailendra Pradhan and Others2 held that a subsequent purchaser can be impleaded in a suit for specific performance as a proper party. In those circumstances, this Court does not find any infirmity in the impugned order. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 35 2 2025 INSC 611