- 1 - HC-KAR CNR: KAHC010084862023 NC: 2026:KHC:46793 WP No. 3495 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3495 OF 2023 (GM-CPC) BETWEEN: 1. SRI.P.GIRIGOWDA S/O LATE PAPEGOWDA AGED ABOUT 58 YEARS R/A KALEGOWDANA KOPPALU CHINAKURULI HOBLI KANAGANAHALLI POST PANDAVAPURA TALUK MANDYA DISTRICT-571 455 … PETITIONER (BY SRI. SATISH K., ADVOCATE) AND: 1. SRI.TIMMEGOWDA S/O JAVARE GOWDA AGED ABOUT 77 YEARS RESIDING AT KYATHANAHALLI RAMAMANDIRA STREET Y H K ROAD KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571 455 2. SMT PADMAMMA W/O LATE SHIVANNA AGED ABOUT 67 YEARS RESIDING AT KYATHANAHALLI RAMAMANDIRA STREET Y H K ROAD KASABA HOBLI Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010084862023 NC: 2026:KHC:46793 WP No. 3495 of 2023 PANDAVAPURA TALUK MANDYA DISTRICT-571 455 3. SMT K S VASANTHA W/O G PRABHAKARA D/O LATE SHIVANNA AGED ABOUT 44 YEARS RESIDING AT KYATHANAHALLI RAMAMANDIRA STREET Y H K ROAD, KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571 455 4. SMT K S ASHA W/O K UMESH D/O LATE SHIVANNA AGED ABOUT 42 YEARS RESIDING AT KYATHANAHALLI RAMAMANDIRA STREET Y H K ROAD, KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571 455 5. SRI SHANKARE GOWDA S/O JAVARE GOWDA AGED ABOUT 67 YEARS RESIDING AT KYATHANAHALLI RAMAMANDIRA STREET Y H K ROAD, KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571 455 6. SMT DEVAMMA W/O LATE JAVARE GOWDA AGED ABOUT 92 YEARS RESIDING AT KYATHANAHALLI RAMAMANDIRA STREET Y H K ROAD, KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571 455 - 3 - HC-KAR CNR: KAHC010084862023 NC: 2026:KHC:46793 WP No. 3495 of 2023 7. SRI SURENDRA MURTHY S/O NARASIMHA MURTHY AGED ABOUT 60 YEARS RESIDING AT 4, MALLGALL 8TH BLOCK NAGARABHAVI 2ND STAGE BANGALORE-560 072 8. SMT JAYAMMA D/O LATE MARIGOWDA W/O NARASEGOWDA MAJOR RESIDING AT MAVINAKERE VILLAGE BOOKANAKERE HOBLI, K R PETE TALUK MANDYA DISTRICT-571 812 … RESPONDENTS (BY SRI. B.M. LOKESH, ADVOCATE FOR R8; V/O DATED 15.02.2023, NOTICE TO R1 TO R7 ARE DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE HON'BLE CIVIL JUDGE AND JMFC AT PANDAVAPURA IN OS.NO.297/2011 AND QUASHING THE IMPUGNED ORDER DATED 02.01.2023 PASSED IN OS.NO.297/2011 BY THE HON'BLE CIVIL JUDGE AND JMFC, AT PANDAVAPURA (ANNEXURE-F) AND CONSEQUENTLY REJECT THE INTERLOCUTORY APPLICATION NO.6 FOR IMPLEADING FILED BY THE R8 (ANNEXURE-D). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 4 - HC-KAR CNR: KAHC010084862023 NC: 2026:KHC:46793 WP No. 3495 of 2023 ORAL ORDER The present petition has been filed assailing the order passed under Order 1 Rule 10 of CPC. The said application is stated to have been filed by the proposed defendant Jayamma, D/o Late Marigowda. The application is supported by affidavit and it is the assertion of the applicant that she is the daughter of Marigowda. It is further asserted that as her father Marigowda has a share and that she too has a stake in the present proceedings. 2. The plaintiff has filed the objections to the said application. In the objections, it is the specific case of the plaintiff that Thimmegowda did not have any children described as Marigowda and Mudalagiri. It is further submitted that the genealogy reflected in para 2 of the plaint does not refer to the said Marigowda. 3. It is submitted that though contentions have been raised by way of objections, the trial court while passing the order on I.A.No.VI has not adverted to any of the - 5 - HC-KAR CNR: KAHC010084862023 NC: 2026:KHC:46793 WP No. 3495 of 2023 objections raised. It is submitted that the order passed is neither supported by any reasons, nor can be described to be a speaking order. 4. Perused the order passed under Order 1 Rule 10 of CPC. Paragraph 5 appears to be the only paragraph deals with reasons. Paragraph 5 of the order passed on I.A.No.VI reads as follows: "5. Perused the application and contents of the affidavit, it is opinion of the court that, to determination of dispute alleged in the suit pertaining to the suit schedule property by the plaintiff, it is just and necessary to bring the proposed defendant in the suit. Accordingly, in the interest of justice and equity, I proceed to pass the following: - 6 - HC-KAR CNR: KAHC010084862023 NC: 2026:KHC:46793 WP No. 3495 of 2023 ORDER Application filed by the plaintiff U/o 1 Rule 10 r/w Section 151 of CPC as I.A.No.VI is hereby allowed and permitted to implead the proposed defendant as necessary party in the suit. Call on for amendment and amended plaint by the plaintiff." 5. The trial court has passed the order without adverting to the contentions raised in the objections of the plaintiff to the impleading application. The court ought to have recorded a finding as regards the reasons assigned by the parties who seek to come on record as proposed defendants. The reasons assigned at paragraph 5 cannot constitute sufficient reasons to come to a conclusion for allowing the application. The reasoning is bald and on the sole ground that reasoning assigned at paragraph 5 is not - 7 - HC-KAR CNR: KAHC010084862023 NC: 2026:KHC:46793 WP No. 3495 of 2023 sufficient, the impugned order is set aside. The application is remitted back for reconsideration to the Trial Court. 6. Both parties to appear before the Trial Court without waiting for fresh notice on 28.09.2026. The suit to be disposed of in terms of the applicable administrative guidelines relating to disposal of suits beyond 10 years. 7. Accordingly, the petition stands disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE NP List No.: 1 Sl No.: 12