- 1 - HC-KAR CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.4813/2023 (GM-CPC) BETWEEN: M/S. MANYATA PROMOTORS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.9/1, CLASSIC COURT RICHMOND ROAD, BANGALORE - 560025 REP BY ITS AUTHORIZED SIGNATORY SRI. Y. SRIMUKHA. …PETITIONER (BY SRI. PRASHANTH K.S. ADV., FOR SRI. RADHANANDAN B.S. ADV.,) AND: 1. SRI. V. VENKATESH S/O VENKATARAMANAPPA AGED ABOUT 33 YEARS. 2. SMT. VENKATALAKSHMI D/O VENKATARAMANAPPA AGED ABOUT 35 YEARS. 3. SRI. MUNIRAJ S/O VENKATARAMANAPPA AGED ABOUT 29 YEARS. 4. SRI. GOPAL S/O VENKATARAMANAPPA AGED ABOUT 28 YEARS. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 5. SRI. VIJAY KUMAR S/O VENKATARAMANAPPA AGED ABOUT 27 YEARS. 6. SMT. PADMAVATHI D/O VENKATARAMANAPPA AGED ABOUT 26 YEARS. 7. SRI. MAHESH S/O VENKATARAMANAPPA AGED ABOUT 27 YEARS. 8. SRI. RAVI S/O VENKATARAMANAPPA AGED ABOUT 25 YEARS. 9. SRI. SRINIVAS S/O VENKATARAMANAPPA AGED ABOUT 23 YEARS. 10. SMT. AMRUTHA D/O VENKATARAMANAPPA AGED ABOUT 22 YEARS. 11. SRI. VENKATARAMANAPPA S/O LATE HOTTEMAYANNA AGED ABOUT 65 YEARS. 12. SMT. THIMMAKKA W/O LATE DODDARANGAPPA AGED ABOUT 64 YEARS. 13. SRI. RAVI KUMAR S/O NANJAPPA AGED ABOUT 46 YEARS. 14. SRI. PRABHAKAR S/O LATE PILLAVENKATAPPA AGED ABOUT 31 YEARS. - 3 - HC-KAR CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 15. SMT. NANJAMMA W/O MOOGAPPA AGED ABOUT 60 YEARS. 16. SRI. VENKATAPPA S/O VARADAPPA AGED ABOUT 67 YEARS. 17. SRI. VENKATARAMANAPPA S/O MULAVAGILAPPA AGED ABOUT 60 YEARS. 18. SRI. VARADARAJ S/O MULAVAGILAPPA AGED ABOUT 56 YEARS. 19. SRI. DODDANAMBIGA S/O LATE CHIKKAMUNIYAPPA AGED ABOUT 41 YEARS. 20. SRI. CHIKKANAMBIGA S/O LATE CHIKKAMUNIYAPPA AGED ABOUT 42 YEARS. 21. SRI. MUNIVENKATAPPA S/O LATE CHIKKERAPPA AGED ABOUT 64 YEARS. 22. SRI. CHIKKANNA S/O LATE CHIKKERAPPA AGED ABOUT 66 YEARS. 23. SRI. MUNIYAPPA S/O LATE CHIKKERAPPA AGED ABOUT 56 YEARS. 24. SRI. KODANDI S/O JAYARAM AGED ABOUT 35 YEARS. - 4 - HC-KAR CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 25. SRI. RAMESH S/O LATE HOBALAPPA AGED ABOUT 35 YEARS. 26. SRI. GORRAPPA @ MUNIYA S/O LATE DODDANANJAPPA AGED ABOUT 65 YEARS. 27. SRI. MUNIVENKATAPPA S/O LATE MUNIVENKATAPPA AGED ABOUT 70 YEARS. 28. SRI. VENKATESH S/O LATE MUNIVENKATAPPA AGED ABOUT 60 YEARS. 29. SRI. CHIKKAMUNIYAPPA S/O LATE MUNIVENKATAPPA AGED ABOUT 55 YEARS. 30. SRI. D. VENKATAPPA S/O LATE DEKAPPA AGED ABOUT 68 YEARS. 31. SRI. KARIVENKATAPPA S/O LATE DEKAPPA AGED ABOUT 60 YEARS. 32. SRI. N. VASUDEVA S/O LATE NARAYANAPPA AGED ABOUT 35 YEARS. 33. SRI. HANUMAPPA S/O LATE CHIKKANNAPPA AGED ABOUT 58 YEARS. 34. SRI. SRINIVAS S/O LATE SEETHAPPA AGED ABOUT 26 YEARS. - 5 - HC-KAR CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 35. SRI. VENKATESHAPPA S/O LATE MUNIMAYANNA AGED ABOUT 64 YEARS. 36. SRI. RAGHAVENDRA S/O LATE M. KRISHNAPPA AGED ABOUT 26 YEARS. 37. SRI. MUNIVENKATAPPA S/O LATE MUNIMAYANNA AGED ABOUT 56 YEARS. 38. SRI. NAMBIYAPPA S/O LATE MUNIMAYANNA AGED ABOUT 48 YEARS. 39. SRI. MUNIVENKATAPPA S/O LATE ERAPPA AGED ABOUT 50 YEARS. 40. SRI. HOMBALAPPA S/O MUNISHAMAPPA AGED ABOUT 61 YEARS. 41. SMT. NARAYANAMMA W/O THIMMAIAH AGED ABOUT 51 YEARS. 42. SMT. THIMMAKKA W/O DODDARANGAPPA AGED ABOUT 64 YEARS. 43. SMT. MUNIYAMMA W/O MUNIYAPPA AGED ABOUT 57 YEARS. 44. SRI. RAMESH S/O LATE MUNISHAMAPPA AGED ABOUT 28 YEARS. - 6 - HC-KAR CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 R1 TO R44 ARE ALL R/AT NAGAWARA VILLAGE KASABA HOBLI BANGALORE NORTH TALUK BANGALORE - 560045. 45. SRI. A.C. SRINIVAS S/O LATE M.M. CHIKKAVENKATAIAH AGED ABOUT 50 YEARS R/AT CHOKKANAHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE - 560064. 46. SRI. M. THANKAPANDI S/O MUTHUSWAMY AGED ABOUT 52 YEARS. 47. SRI. SREEMURUGAN S/O MUTHUSWAMY AGED ABOUT 46 YEARS. 48. SRI. M. MUVENTHAR S/O MUTHUSWAMY AGED ABOUT 43 YEARS. R46 TO R48 ARE R/AT. SYSTEM ALLOYS, NO.140/1, NAGAWARA THANISANDRA MAIN ROAD ARABIC COLLEGE POST BANGALORE - 560045. 49. MAHENDRA KARLE S/O LATE L.T. KARLE MAJOR IN AGE. 50. SUDARSHAN KARLE S/O LATE L.T. KARLE MAJOR IN AGE. - 7 - HC-KAR CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 R49 & R50 ARE R/AT NAGAWARA PROJECT OFFICE NAGAWARA RING ROAD BENGALURU - 560045. 51. SRI. ANAND SURANA S/O GAVERIAR CHAND SURANA MAJOR IN AGE R/AT NAGAWARA ARABIC COLLEGE POST BENGALURU – 560045. 52. SRI. SUGUNA W/O REDDY VEERANNA AGED ABOUT 44 YEARS R/AT NO.140, KARTHIK, 10TH MAIN 5TH CROSS, R.M.A. EXTENSION BANGALORE – 560080. 53. SRI. TEJARAJ GULECHA S/O PUKHARAJ AGED ABOUT 56 YEARS NO.132, SUPRIYA APARTMENT 6TH A CROSS, 9TH MAIN R M V EXTENSION BANGALORE – 560080. 54. SRI. KIRAN M. NAGWAR S/O LATE G. MADHAVARAO MAJOR IN AGE R/AT NAGAWARA ARABIC COLLEGE POST BENGALURU - 560045. 55. BANGALORE DEVELOPMENT AUTHORITY CHOWDAIAH ROAD BANGALORE - 560020. …RESPONDENTS (BY SRI. THIMMAIAH K.H. ADV., FOR R1 TO R9 R10 SERVED V/O/DTD:13.06.2023 NOTICE TO R11 TO R55 ARE D/W) - 8 - HC-KAR CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DT 15.12.2022 ON I.A.NO.7 PASSED BY THE LEARNED XVI ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-12) BANGALORE CITY, BANGALORE IN O.S.NO.4416/2012 BY REJECTING THE APPLICATION PREFERRED BY THE PETITIONER UNDER ORDER 1 RULE 10(2) OF CPC FOR IMPLEADING THE PETITIONER HEREIN AT ANNX-A & 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 15.12.2022 passed on I.A.No.7 in O.S.No.4416/2012 by the XVI Additional City Civil and Sessions Judge, Bengaluru, (for short, ‘the trial Court’). 2. Heard Sri.Prashanth K.S., learned counsel for Sri.Radhanandan B.S., learned counsel for the petitioner; Sri.Thimmaiah K.H., learned counsel for the respondent Nos.1 to 9 and perused the material available on record. - 9 - HC-KAR CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 3. The respondent Nos.1 to 10 filed the suit in O.S.No.4416/2012 seeking the relief of partition and separate possession of 10 items of suit schedule property. In the said suit, the petitioner filed an application under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the CPC’) to implead the applicant as defendant in the suit. The trial Court under the impugned order rejected the said application on the ground that the applicant failed to produce the documents to substantiate as to how the applicant is necessary and proper party to the suit. 4. It is to be noticed that the application for impleadment is filed on the ground that Item Nos.6 and 9 of the suit schedule property were acquired by the State Government by issuing the final notification dated 07.10.2002 along with other properties and thereafter the Karnataka Industrial Areas Development Board (‘KIADB’) issued allotment letter dated 28.02.2003 allotting a site - 10 - HC-KAR CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 and possession was handed over by issuing the possession certificate dated 05.03.2003. 5. It is to be noticed that pursuant to the allotment, the KIADB also executed the absolute sale deed in favour of the petitioner on 05.06.2007. The perusal of the aforesaid document i.e. final notification issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966, allotment letter, possession certificate, sale deeds dated 05.06.2007 and 13.06.2018, which indicate that Item Nos.6 and 9 properties are allotted to the writ petitioner. It is to be noticed that the defendant No.42 is the wife of the Managing Director of the petitioner company and after service of the summons, application came to be filed. Taking note of the aforesaid documents and assertion made in the application, I am of the considered view that petitioner is a necessary and proper party to the suit filed by the respondent Nos.1 to 10. - 11 - HC-KAR CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 6. Insofar as the contention of the respondent Nos.1 to 9 that the RTC are standing in the name of defendant Nos.42 and 43 has no relevance as the petitioner has placed aforesaid documents to indicate that the land i.e., Item Nos.6 and 9, were acquired by the State Government and thereafter transferred the said land to the KIADB and the KIADB has allotted the said land and sale deed is executed. 7. Considering the aforesaid material on record, I am of the view that trial Court has committed a grave error in rejecting the application. Hence, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 15.12.2022 passed on I.A.No.7 in O.S.No.4416/2012 by the XVI Additional City Civil and Sessions Judge, Bengaluru, is set aside. Consequently, I.A.No.7 - 12 - HC-KAR CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 filed by the petitioner/impleading applicant is allowed. iii. The respondent Nos.1 to 10/plaintiffs shall amend the cause title and file amended cause title. iv. The petitioner is permitted to file the written statement in the said suit within a period of eight (08) weeks from the date of receipt of copy of this order. v. Pending applications, if any, shall stand disposed. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 11