- 1 - HC-KAR CNR: KAHC010293322022 NC: 2026:KHC:44152 W.P. No.13179/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.13179/2022 (GM-CPC) BETWEEN: SMT. SARASWATHAMMA W/O LATE RAMA @ RAMEGOWDA AGED 61 YEARS RESIDENT OF HINKAL VILLAGE KASABA HOBLI, MYSURU TALUK MYSURU DISTRICT - 570 017. …PETITIONER (BY SRI. ANANDA K, ADV., FOR SRI. SHAIK SYED BASHA, ADV.,) AND: 1. SMT. USHA SURESH W/O P. SURESH ALVA AGED 55 YEARS R/AT DOOR NO.1072 1ST CROSS, GANGE ROAD G AND H BLOCK, KUVEMPUNAGAR MYSURU - 570 022. 2. SMT. VEENA SHIVA PRASAD W/O SHIVA PRASAD AGED 49 YEARS R/AT DOOR NO.405 HUNDI BEEDI, HILKAL VILLAGE KASABA HOBLI, MYSURU TALUK MYSURU DISTRICT - 570 017. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010293322022 NC: 2026:KHC:44152 W.P. No.13179/2022 3. SMT. N.R. SOWAMYA SATHYAN W/O DR. H.C. SATHYAN AGED 49 YEARS R/AT DOOR NO.433, A AND B BLOCK VISHWAMANAVA DOUBLE ROAD KUVEMPUNAGARA CHAMARAJA MOHALLA MYSURU - 570 022. …RESPONDENTS (BY SRI. H.P.M. SWAMY, ADV., FOR R2 SRI. G.B. SHARATH GOWDA, ADV., FOR R3 R1 SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORD IN O.S.NO.1670/2016 (OLD O.S.NO.425/2016) PENDING ON THE FILE OF THE I ADDL. II CIVIL JUDGE AND JMFC MYSURU, PERUSE THE SAME AND QUASH THE ORDER DTD 25.02.2021 PASSED ON IA.NO.2 IN O.S.NO.1670/2016 (OLD O.S.NO.425/2016) BY THE I ADDL. II CIVIL JUDGE AND JMFC MYSURU AT ANNEXURE-E AND ALLOW I.A.NO.2 FILED UNDER ORDER 1 RULE 1 OF CPC FILED BY THE PETITIONERS BY ALLOWING THIS WRIT PETITION & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 25.02.2021 passed on IA.No.2 in OS.No.1670/2016 by the I Additional II Civil Judge and JMFC, Mysuru (for short ‘the trial Court’). - 3 - HC-KAR CNR: KAHC010293322022 NC: 2026:KHC:44152 W.P. No.13179/2022 2. Heard Sri.Anand K., learned counsel appearing for Sri.Shaik Syed Basha, learned counsel for the petitioner, Sri.G.B.Sharath Gowda, learned counsel appearing for respondent No.3 and meticulously perused the material available on record. 3. The petitioner filed a suit in OS.No.425/2016, which was renumbered as OS.No.1670/2016, seeking a judgment and decree of permanent injunction against respondent Nos.1 and 2. In the said suit, the plaintiff filed an application under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’) seeking to implead respondent No.3 as defendant No.3 on the ground that respondent No.3 had purchased the property during the pendency of the suit. The said application came to be dismissed by the trial Court on the ground that the relief sought in the plaint was for permanent injunction. - 4 - HC-KAR CNR: KAHC010293322022 NC: 2026:KHC:44152 W.P. No.13179/2022 4. It is required to be noticed that the plaintiff has also filed an application under Order VI Rule 17 of the CPC seeking amendment of the plaint, which came to be allowed by the trial Court. By way of the said amendment, the plaintiff is seeking the relief of declaration of ownership, in view of the subsequent event of the purchase of the suit property by respondent No.3. 5. Having regard to the fact that the trial Court has allowed the amendment of the plaint and permitted the plaintiff to seek the relief of declaration of ownership, I am of the considered view that the application seeking impleadment of respondent No.3 is also required to be allowed, by keeping all the contentions open to be urged by respondent No.3/proposed defendant No.3 in the suit. Hence, I proceed to pass the following: ORDER i. The writ petition is allowed. - 5 - HC-KAR CNR: KAHC010293322022 NC: 2026:KHC:44152 W.P. No.13179/2022 ii. The impugned order dated 25.02.2021 passed on IA.No.2 in OS.No.1670/2016 by the I Additional II Civil Judge and JMFC, Mysuru is hereby set aside. Consequently, IA.No.2 filed by the petitioner/plaintiff under Order I Rule 10(2) of the CPC is allowed. iii. Respondent No.3 is permitted to be impleaded as defendant No.3 in the suit. iv. Respondent No.3/proposed defendant No.3 is granted eight weeks’ time to file a written statement. Pending applications, if any, stands disposed of. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 10