- 1 - HC-KAR CNR: KAHC010464052019 NC: 2026:KHC:49298 W.P. No.7016 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.7016 OF 2020 (GM-CPC) BETWEEN: 1. N.M. THEERTHE GOWDA AGED ABOUT 52 YEARS SON OF N.K. MATADAIAH RESIDING AT NO.141/B 1ST FLOOR, 6TH MAIN 4TH BLOCK, RAJAJINAGAR BANGALORE - 560010 …PETITIONER (BY SRI. S.G. PARTHASARATHY, ADV.,) AND: 1. SMT. N.M. NAGARATHNAMMA AGED ABOUT 45 YEARS WIFE OF LATE CHANDDRAPPA. 2. SMT. N.M. ASWATHAMMA AGED ABOUT 32 YEARS WIFE OF K. MANJUNATH. BOTH ARE NO.4/2, 290/1 291-1, VINAYAKA TEMPLE ROAD BASAVANAPURA MAIN ROAD DEVASANDRA VILLAGE K R PURAM POST BANGALORE - 560036. 3. SMT. NARAYANAMMA SINCE DEAD BY LR’S ON RECORD Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010464052019 NC: 2026:KHC:49298 W.P. No.7016 of 2020 AGED ABOUT 70 YEARS SRI. N.K. MATADAIAH R/AT NO.4/2, 290/1, 291-1 VINAYAKA TEMPLE ROAD BASAVANAPURA MAIN ROAD DEVASANDRA VILLAGE K R PURAM POST BANGALORE - 560036. 4. N.K. MATADAIAH SINCE DEAD BY LR’S ON RECORD AGED ABOUT 77 YEARS SON OF KEMPANNA NO.383/B-20, OLD POST OFFICE ROAD KRISHNARAJA PURA BANGALORE - 560036. 5. SMT. SUMITHRA T. GOWDA AGED ABOUT 54 YEARS WIFE OF N.M. THEERTE GOWDA R/AT NO.141/B, 1ST FLOOR 6TH MAIN, 4TH BLOCK RAJAJINAGAR, BENGALURU - 560010. 6. NAGANNA GOWDA AGED ABOUT 49 YEARS SON OF N.K. MATADAIAH NO.270/1/93, SITE NO 35 MANJUNATHA PLAZA RAMAMURTHYNAGAR MAIN ROAD APPARAO LAYOUT, DOORVANINAGAR POST, RAMAMURTHYNAGAR BENGALURU - 560016. 7. ROHINI N. GOWDA AGED ABOUT 40 YEARS WIFE OF NAGANNA GOWDA MANJUNATH ENTERPRISES NO.270/1/93, SITE NO 35 MANJUNATHA PLAZA RAMAMURTHYNAGAR MAIN ROAD Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010464052019 NC: 2026:KHC:49298 W.P. No.7016 of 2020 APPARAO LAYOUT DOORVANINAGAR POST RAMAMURTHYNAGAR BENGALURU - 560016. 8. N.M. MANJURAJ AGED ABOUT 41 YEARS R/OF MANJUSHREE CHAMBERS NO.104, OLD MADRAS ROAD K R PURAM, BENGALURU - 560036. 9. VINAY @ DHANVARSHA AGED ABOUT 26 YEARS SON OF S. SUBBEGOWDA AND LATE N.M. RAJESHWARI. 10. MONIKA AGED ABOUT 22 YEARS DAUGHTER OF S. SUBBEGOWDA AND LATE N.M. RAJESHWARI. R9 & R10 ARE R/AT. KODIHALLI VILLAGE BANGALORE – 560037. 11. L. MANJUNATHA AGED ABOUT 30 YEARS SON OF LAKSHMAIAH CINEHANA RESTAURANT RAMAPURA VILLAGE VIRGONAGAR POST BIDARAHALLI HOBLI BENGALURU - 560049. 12. R.C. RAJESH AGED ABOUT 35 YEARS SON OF CHIKKA VENKATAPPA CINEHANA RESTAURANT SITE NO.70, NO.376/132/70 RAGHAVENDRA CIRCLE T C PALYA MAIN ROAD Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010464052019 NC: 2026:KHC:49298 W.P. No.7016 of 2020 R M NAGAR BANGALORE - 560016. …RESPONDENTS (BY SMT. ARCHANA SINDU, ADV., FOR R5 TO R7 SRI. N.R. JAGADEESHWARA, ADV., FOR R8 SRI. T.N. VENKATA REDDY, ADV., FOR R2 R1, R10, R11, & R12 ARE SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNX-A THE ORDER DTD. 09.10.2019 PASSED ON I.A. NO.21 UNDER ORDER 1 RULE 10(2) OF CODE OF CIVIL PROCEDURE IN O.S. NO.7576/2009, ON THE FILE OF THE HON’BLE XX ADDITIONAL CIVIL JUDGE AND SESSIONS JUDGE, AT BENGALURU CITY CCH-32 AND BE PLEASED TO ALLOW THE SAID I.A NO.21 IN O.S. NO.7576/2009 & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Captioned petition is filed by defendant No.3, calling in question the order passed by the learned Trial Judge rejecting I.A.No.21 filed by the petitioner under Order I Rule 10(2) read Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 5 - HC-KAR CNR: KAHC010464052019 NC: 2026:KHC:49298 W.P. No.7016 of 2020 with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’). By the said application, the petitioner sought impleadment of defendant Nos.14 to 23, who are admittedly pendente lite purchasers. The said application having been rejected, the petitioner is before this Court. 2. Heard the learned counsel for the petitioner and perused the material on record. The records, more particularly I.A.No.21 filed under Order I Rule 10(2) read with Section 151 of CPC, would disclose that the petitioner himself has sought impleadment of defendant Nos.14 to 23. Significantly, in paragraph No.2 of the affidavit filed in support of the application, the petitioner/defendant No.3 has candidly admitted that the proposed defendants are pendente lite purchasers. 3. In the backdrop of the aforesaid admitted position, the issue that arises for consideration is no longer res integra. It is well settled that a stranger purchaser is not a necessary party to a suit for partition, since the presence of such purchaser is not necessary for adjudication of the inter se rights and determination of the shares of the members of the family. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 6 - HC-KAR CNR: KAHC010464052019 NC: 2026:KHC:49298 W.P. No.7016 of 2020 4. In the present case, the proposed defendants are admittedly pendente lite purchasers. Their rights, if any, are subject to the doctrine of lis pendens embodied in Section 52 of the Transfer of Property Act, 1882. A purchaser pendente lite steps into the shoes of the transferor and takes the property subject to the result of the pending litigation. Such a purchaser, therefore, cannot claim impleadment as a matter of right in a partition suit, particularly when his presence is not necessary for determining the shares of the parties to the suit. 5. It is also significant that the plaintiffs themselves have not sought impleadment of the said pendente lite purchasers. The application for their impleadment has been filed at the instance of defendant No.3. In the facts and circumstances of the case, the learned Trial Judge was justified in declining to entertain such a request. 6. This Court finds no error, illegality or infirmity in the order passed by the learned Trial Judge warranting interference in exercise of its supervisory jurisdiction. No ground is made out for extending any indulgence to the petitioner. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 7 - HC-KAR CNR: KAHC010464052019 NC: 2026:KHC:49298 W.P. No.7016 of 2020 The petition is accordingly dismissed. (SACHIN SHANKAR MAGADUM) JUDGE ABK List No.: 1 Sl No.: 18 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified