- 1 - HC-KAR NC: 2026:KHC:580 WP No. 3175 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 3175 OF 2020 (GM-CPC) BETWEEN: MR. STANY MASCARENHAS, S/O LATE MATHAIS MASCARENHAS, AGED ABOUT 60 YEARS, R/O MANJALADI HOUSE, MANGILAPADAVU POST, VITTAL KASBA VILLAGE, BANTWAL TALUK - 574 219, DAKSHINA KANNADA DISTRICT. …PETITIONER (BY SRI. RAJASHEKAR.S., ADVOCATE) AND: 1. MRS.ANJALINE PINTO W/O LATE MATHAIS MASCARENHAS, (SINCE DEAD). 1(A). EUGINE MASCARENHAS, S.O LATE MATHAIS MASCARENHAS, AGED ABOUT 66 YEARS. 1(B). ELIZABETH D'SOUZA, W/O EUGINE MASCARENHAS, AGED ABOUT 55 YEARS. R1(A) AND (B) ARE R/AT:MANJALADI HOUSE, - 2 - HC-KAR NC: 2026:KHC:580 WP No. 3175 of 2020 MANGALIPADAVU POST, VITTAL KASBA VILLAGE, BANTWAL TALUK - 574 219 DAKSHINA KANANDA DISTRICT. 1(C) LATHEESHA MASCARENHAS D/O LATE MATHAIS MASCARENHAS MAJOR R/AT KOLCHOR HOUSE, NEERMARGA POST, MANGALORE - 5757028. 1(D) FLORINA LILLY MASCARENHAS D/O LATE MATHAIS MASCARENHAS MAJOR R/AT ESW 40, 8TH A MAIN, 2ND STAGE, KENGERI SATELLITE TOWN, BENGALURU - 560 060. 1(E) SEVERINE T.R MASCARENHAS S/O LATE MATHAIS MASCARENHAS MAJOR R/AT HOUSE NO.145, ESW, 1ST MAIN, 8TH B CROSS, 2ND STAGE, K.S.TOWN, BENGALURU - 560 060. 1(F) FRANCIS MASCARENHAS D/O LATE MATHAIS MASCARENHAS. 1(G) MARY MASCARENHAS D/O LATE MATHAIS MASCARENHAS. 1(H) HERALD CYPRIAN MASCARENHAS S/O LATE MATHAIS MASCARENHAS - 3 - HC-KAR NC: 2026:KHC:580 WP No. 3175 of 2020 R1(F) TO (H) ARE MAJORS AND R/AT MANGILAPADAVU POST, VITTAL KASBA VILLAGE, BANTWAL TALUK - 574 243. …RESPONDENTS (BY SRI.M.SUDHAKAR PAI., ADVOCATE FOR R1(A AND B) SRI.KETHAN KUMAR., ADVOCATE FOR R1(C TO H)) THIS WRIT PETITION IS FILED PRAYING TO QUASH THE ORDER DATED 17.09.2019 PASSED ON I.A NO.VI IN O.S.NO.207/2011 ON THE FILE OF PRL CIVIL JUDGE AND JMFC, BANTWAL, DAKSHINA KANNADA VIDE ANNEXURE-A AND CONSEQUENTLY DISMISS THE SUIT. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition seeks to challenge the order dated 17.09.2019 on I.A.No.VI in O.S.No.207/2011 by the Prl. Civil Judge and JMFC, Bantwal (hereinafter referred to as "Impugned Order"). By the Impugned Order, an application under Order 22 Rule 3 R/w Order I Rule 10 R/w Order 22 Rule 10 and Section 151 of CPC was rejected. 2. The petition was amended by this Court vide order dated 07.03.2022 and an additional order of the suit of the said - 4 - HC-KAR NC: 2026:KHC:580 WP No. 3175 of 2020 matter was challenged being the order dated 30.03.2021 which is a challenge to I.A.No.VII and I.A.No.VIII under Order 22 Rule 3 R/w Order 1 Rule 10 and Section 151 of CPC, 1908, praying to implead the proposed supplemental plaintiffs. 3. Learned counsel for the petitioner submits that other legal heirs of Mrs.Anjaline Pinto did not have any right and thus, they ought not to be impleaded. *4. Learned counsel for the petitioner further submits that he restricts his challenge to this order to a finding that the order should not come in the way of the objections that the petitioner shall take on the rights that the applicants would have in the matter. 5. Impleadment of the party does not automatically grant them any right. The petitioner’s challenge regarding plaintiffs 1(a) and (b) does not preclude him from raising contentions about the legal rights of 1(a) to 1(h). 6. Learned counsel for the petitioner submits that he would be satisfied with these observations. * Retyped & Replaced – Vide Court Order dated:21.02.2026 - 5 - HC-KAR NC: 2026:KHC:580 WP No. 3175 of 2020 7. The petition is disposed of in the aforegoing terms. The rights and contentions of all the parties kept open to be agitated before the Trial Court. Sd/- (TARA VITASTA GANJU) JUDGE TKN List No.: 1 Sl No.: 6 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA