- 1 - HC-KAR CNR: KAHC010459712026 NC: 2026:KHC:52189 WP No. 20937 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 20937 OF 2026 (GM-CPC) BETWEEN: 1. SRI. H.V. SOMASHEKAR S/O. LATE SRI. VENKATAPPA REDDY, AGED ABOUT 62 YEARS, RESIDING AT, NO.23, 6TH CROSS, VENKATESHPURA LAYOUT, KRISHNA EXCELLENCY APARTMENT, 5TH FLOOR, PENT HOUSE, BANGALORE - 560 029. 2. SRI. H.V. GAJARAJ, S/O. LATE VENKATAPA REDDY, AGED ABOUT 65 YEARS, RESIDING AT NO.34, MADAN DEEP, BTM LAYOUT, 1ST STAGE, TAVAREKERE VILLAGE, BANGALORE - 560 029. …PETITIONERS (BY SRI. RAGHAVENDRA K., ADVOCATE) AND: 1. SRI. H.D. MUNISHAMAPPA @ MUNISHAMI S/O LATE DODDA ABBAIAH, SINCE DEAD BY HIS LRS, SMT. GOWRAMMA, W/O. LATE. H.D. MUNISHAMAPPA, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010459712026 NC: 2026:KHC:52189 WP No. 20937 of 2026 AGED ABOUT 75 YEARS, R/AT HALANAYAKANAHALLI, VARTHUR HOBLI, CARMELARAM POST, BANGALORE EAST TALUK - 560 087. 2. SRI. KRISHNA REDDY, S/O LATE H.D. MUNISHAMAPPA, SINCE DEAD BY HIS LRS, SMT. SHASHAKALA, W/O. LATE KRISHNA REDDY, AGED ABOUT 50 YEARS, 3. SRI. K. SAGAR, S/O. LATE KRISHNA REDDY, AGED ABOUT 29 YEARS, 4. SRI. K. SANTHOSH, S/O. LATE KRISHNA REDDY, AGED ABOUT 27 YEARS RESPONDENT NOS.2 TO 4 ARE RESIDING AT NO.14/15, SAGAR SANTHOSH NILAYA, 4TH MAIN, 7TH CROSS, NAVODAYA NAGAR, J.P NAGAR, 7TH PHASE, BANGALORE - 560 076. 5. SMT. LALITHAMAMMA, W/O SRI. NAGARAJU REDDY, AGED ABOUT 60 YEARS, R/AT NO.491, 2ND DIVISION, JIGANI DOUBLE ROAD, JIGANI, ANEKAL TALUK, BANGALORE DISTRICT - 560 105. 6. H.M. CHANDRASHEKAR, S/O. LATE H.D. MUNISHAMAPPA, AGED ABOUT 52 YEARS, - 3 - HC-KAR CNR: KAHC010459712026 NC: 2026:KHC:52189 WP No. 20937 of 2026 R/AT HALANAYAKANA HALLI, VARTHUR HOBLI, CARMELERAM POST, BANGALORE EAST TALUK - 560 087. 7. SRI. H.M. RAVI, S/O. LATE H.D MUNISHAMAPPA, AGED ABOUT 51 YEARS, R/AT NO. 16/2, BELLANDUR GATE, NEAR CRYSTAL APARTMENT, AMBLIPURA, BANGALORE - 560 103. 8. SRI. H.M. JANARDHANA, S/O LATE H.D. MUNISHAMAPPA, SINCE DEAD BY HIS LRS, SMT. THARAKESHWARI, W/O. LATE. H.M JANARDHANA @ JANARDHANA REDDY AGED ABOUT 57 YEARS, 9. SMT. THRISHMA, D/O. LATE. H.M. JANARDHANA @ JANARDHANA REDDY, AGED ABOUT 27 YEARS, 10. H.J. DHANUSHREE, D/O. LATE. H.M. JANARDHANA @ JANARDHANA REDDY, AGED ABOUT 25 YEARS, RESPONDENT NOS.8 TO 10 ARE R/AT NO.24, FLAT NO.203 MITHILA PARADICE OWNERS COURT WEST KASAVANA HALLI, SARJAPURA ROAD, BENGALORE - 560 035. 11. SRI. H.M. LAKSHMANA REDDY, S/O. LATE. H.D. MUNISHAMAPPA, AGED ABOUT 48 YEARS, - 4 - HC-KAR CNR: KAHC010459712026 NC: 2026:KHC:52189 WP No. 20937 of 2026 R/AT NO.9, 2ND CROSS, RAJIV GANDHI ROAD, JARAGANA HALLI, J.P.NAGAR, BANGALORE - 560 078. 12. SMT. NIRMALA, W/O. SRI. M. RAVI, AGED ABOUT 42 YEARS, R/AT NO.17, 2ND CROSS, MINI REDDY LAYOUT, CHIKKA BANASAWADI, BANGALORE - 560 043. 13. SRI. H.D. NARAYANA REDDY, S/O LATE DODDA ABBAIAH, AGED ABOUT 70 YEARS, 14. SRI. H.D. PILLAIAH, S/O. LATE DODDA ABBAIAH, AGED ABOUT 65 YEARS, ALL ARE R/AT, HALANAYAKANA HALLI VILLAGE, HOBLI, CARMELSRSM POST, BANGALORE EAST TALUK - 560 087. 15. SRI. ANAND, S/O. LATE H. NARAYANA REDDY, AGED ABOUT 40 YEARS, 16. SRI. SURESHA, S/O LATE H. NARAYANA REDDY, AGED ABOUT 38 YEARS, 17. SMT. GOWRAMMA, W/O LATE H. NARAYANA REDDY, AGED ABOUT 65 YEARS, 18. SMT. PREMA, D/O LATE H. NARAYANA REDDY, AGED ABOUT 48 YEARS, - 5 - HC-KAR CNR: KAHC010459712026 NC: 2026:KHC:52189 WP No. 20937 of 2026 19. SMT. SUMITRAMMA, D/O. LATE H. NARAYANA REDDY, AGED ABOUT 46 YEARS, 20. SRI. KIRAN, S/O. LATE. KOMALA, GRANDSON OF LATE H. NARAYANA REDDY, AGED ABOUT 19 YEARS, 21. KUM. SWETHA, D/O LATE INDIRARNMA, GRANDDAUGHTER OF LATE H. NARAYANA REDDY, AGED ABOUT 19 YEARS, 22. SMT. AMBUJA, D/O. LATE H. NARAYANA REDDY. AGED ABOUT 36 YEARS, 23. SRI. H. D. RAMA REDDY, S/O. LATE DODDA ABBAIAH REDDY, AGED ABOUT 36 YEARS, RESPONDENT NOS.15 TO 23 ARE R/AT HALANAYAKANAHALLI, VARTHUR HOBLI, CARMELARAM POST, BANGALORE EAST TALUK - 560 087. …RESPONDENTS (BY SRI. J. V. CHANDRA SHEKAR, ADVOCATE FOR R1 TO R14) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR PASS SUCH OTHER ORDER AND QUASH THE ORDERS PASSED BY THE HON'BLE IV ADDL SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT AT BENGALURU, ON THE FILE OF O.S. NO.730/2008 DATED, 01-06-2026 ANNEXURE-A, - 6 - HC-KAR CNR: KAHC010459712026 NC: 2026:KHC:52189 WP No. 20937 of 2026 IN RESPECT OF I.A. FILED UNDER ORDER I, RULE 10(2) R/W SECTION 151 OF CPC CONSEQUENTLY ALLOW THE SAID IA AS PRAYED FOR IN ITS ENTIRETY AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard learned counsel for the parties. 2. This petition is filed impugning the order dated 01.06.2026, whereby the application filed under Order I Rule 10(2) of the CPC seeking to implead the petitioners as defendant Nos.10 and 11 has been dismissed. A perusal of the impugned order indicates that the dispute relates to the property bearing Survey No.42/2. 2.1 The said survey number is the subject matter of dispute in O.S.No.598/1999 as well as O.S.No.730/2008. The trial Court rejected the application on the ground that the proposed defendants are already parties to O.S.No.598/1999. - 7 - HC-KAR CNR: KAHC010459712026 NC: 2026:KHC:52189 WP No. 20937 of 2026 2.2 When the very same property is the subject matter of dispute in O.S.No.598/1999 and the proposed defendants are found to be necessary parties, this Court finds no justification in rejecting the application seeking their impleadment as defendant Nos.10 and 11 in O.S.No.730/2008. The presence of defendant Nos.10 and 11 in O.S.No.730/2008 would, in fact, assist the Court in avoiding conflicting findings and would also afford them an opportunity to put forth their defence, thereby ensuring compliance with the principles of natural justice. 3. In that view, the following: ORDER i. The writ petition is allowed. ii. The order on I.A. dated 01.06.2026 in O.S.No.730/2008 pending on the file of IV Addl. Senior Civil Judge, Bengaluru Rural District at Bengaluru, is set aside. iii. I.A. filed under Order I Rule 10(2) of CPC is allowed. - 8 - HC-KAR CNR: KAHC010459712026 NC: 2026:KHC:52189 WP No. 20937 of 2026 iv. The petitioners herein are permitted to be impleaded as defendant Nos.10 and 11 in O.S.No.730/2008. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 0