- 1 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2737 OF 2026 (GM-CPC) BETWEEN: MARUTHI MEGACITY SITE OWNERS WELFARE ASSOCIATION REGISTERED UNDER THE CO-OPERATIVE SOCIETIESW ACT, REGISTRATION NO DRB1/SOR/228/2025-2026 OFFICE AT NO.96, 3RD CROSS, LAKKAPPA LAYOUT, M.S.PALYA, BENGALURU- 560097 …PETITIONER (BY SRI. HARSHA D JOSHI.,ADVOCATE) AND: 1. SRI B MOORTHY S/O LATE BELERANGAPPA AGED ABOUT 61 YEARS, RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANAGALA TALUK-562123 2. SMT.INDRAMMA, W/O LATE DEVAPRASANNA, D/O LATE BELERANGAPPA, AGED ABOUT 65 YEARS, RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANAGALA TALUK-562123 3. SRI.B. RAMASWAMY, S/O LATE BELERANGAPPA AGED ABOUT 70 YEARS RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANAGALA TALUK-562123 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 4. SMT.SUVARNA KUMARI, W/O LATE B. RANGASWAMY, AGED ABOUT 50 YEARS RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANAGALA TALUK-562123 5. SMT.R. SHILPA D/O LATE B. RANGASWAMY, AGED ABOUT 25 YEARS, RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANAGALA TALUK-562123 6. SMT.SOWMYA, D/O LATE B. RANGASWAMY, AGED ABOUT 23 YEARS, RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANAGALA TALUK-562123 7. SMT.RANTHAMMA, D/O LATE BELERANGAPPA, W/O BALAJI PRASAD, AGED ABOUT 55 YEARS, RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANAGALA TALUK-562123 8. SRI.KRISHNAWAMY, S/O LATE BELERANGAPPA, AGED ABOUT 50 YEARS, RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANAGALA TALUK-562123 9. SMT.JAYANTHI, W/O B.RAMASWAMY AGED ABOUT 51 YEARS. RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANAGALA TALUK-562123 10. SRI.B. LAKSHMANA, S/O BETTASWAMAIAH, AGED ABOUT 55 YEARS, RESIDING AT NO. 188, 1ST MAIN, - 3 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 MALLASANDRA, T.DASARAHALLI POST, BANGALORE 560 057 11. B. CHENGALARAYAN S/O LATE VOOSAIHA, AGED ABOUT 66 YEARS, R/AT 452/7, 6TH CROSS, SRIRAM TEMPLE ROAD, VIMANAPURA POST, ANNASANDRA, BANGALORE 560 017 12. HAREESH.C.H S/O CHANGALARAYAN, AGED ABOUT 34 YEARS, R/AT 452/7, 6TH CROSS, SRIRAM TEMPLE ROAD, VIMANAPURA POST, ANNASANDRA, BANGALORE 560 017 13. S.S. GIREESH S/O SUBBARAO.B.S AGED ABOUT 51 YEARS, R/AT NO.758, 5TH CROSS, 2ND MAIN, BEML LAYOUT 3RD STAGE, R.R.NAGAR, RAJAJAESHWARINAGAR, BANGALORE 560 098 14. THEERTHAM S/O MANOGARAN AGED ABOUT 40 YEEARS, 15TH CROSS, BHUVANESHWARINAGAR, MAGADI ROAD, BANGALORE 560 023 15. MANGALA.J W/O MANJU.P AGED ABOUT 42 YEARS, R/AT NO. 1857, 6TH 'A' MAIN D BLOCK, 2ND STAGE, RAJAJINAGAR, BANGALORE 560 010. 16. VARADARAJU.P S/O PUTTASWAMY, AGED ABOUT 51 YEARS, R/AT NO.931, 5TH CROSS, MASJID BACK SIDE, - 4 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 ULLALU UPANAGRA, BANGALORE 560 056 17. K.V. NAGASWAETHA W/O LOKESH.J AGED ABOUT 31 YEARS, R/AT NO.49, YERABALLY, POST AND VILLAGE, CHITHRADURGA-577545 18. JAYALAKSHMI W/O NAGARAJA, AGED ABOUT 43 YEARS, R/AT NO.931, 5TH CROSS, MASJID BACK SIDE, ULLALU UPANAGAR, BANGALORE 560 056 19. MALATHI.N. S W/O HARISH.T AGED ABOUT 40 YEARS, R/AT 210 SASALKUNKTE VILLAGE, PAVAGADA TQ. TUMAKURU DISTRICT.561202 20. RAVINDRA.A. P S/O PEETHAMBARAM NAIDU, R/AT NO.35, MIG, 80 FEET ROAD, KENGERI SETLITE TOWN, BANGALORE 560 060 21. YASHODA.V W/O MOHAN KUMAR R.C AGED ABOUT 47 YEARS, R/AT 463, 9TH CROSS, 10TH MAIN AGB LAYOUT, CHIKKASANDRA, HESARAGHATTA ROAD, BANGALORE-560090 22. K. CHANDRAKANTH S/O K.KRISHNA, AGED ABOUT 39 YEARS, R/AT NO.43, 7TH CROSS, SANTHOSHNAGAR, MALLSANDRA T. DASARAHALLI, BANGALORE-560057 23. GANGADHARAIAH S/O LATE N.BORIAH, - 5 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 AGED ABOUT 66 YEARS, R/AT 698 KALYAN LAYOUT, JNANABHARATHI NAGAR, BANGALORE 560 056 24. LAKSHMIDEVI W/O V.DAYANANDA MOORTHY, AGED ABOUT 54 YEARS, R/AT 1142/1, 7TH CROSS, MAHESHWARAMMA TEMPLE MAIN ROAD T-DASARAHALLI MAIN ROAD, BANGALORE 560 057 25. VASANTH KUMAR.B.S S/O SANNARAJU, AGED ABOUT 31 YEARS, R/AT DYABA VILLAGE, BYRAPURA POST, ALUR TALUK, HASANA DISTRICT- 57320124. 26. GIRIJA SHEKAR W/O CHANDRAKANTH, AGED ABOUT 61 YEARS, R/AT 46, 10 D CROSS, WEST OF CHORD ROAD, MAHALAKSHMI LAYOUT, BANGALORE 560086 27. ARUL.G S/O GOVINDASWAMY, AGED ABOUT 46 YEARS, R/AT 56., PARVATHI NILAYA, 7TH MAIN, SUBBANNA GARDEN, VIJAYANAGAR,BANGALORE-560040 28. BHARATHIRAJA.S. K S/O KARTHIGEYAN, AGED ABOUT 40 YEARS, R/AT 20/03-01, 15TH CROSS, A BLOCK, BHUVANESHWARINAGAR, MAGADI ROAD, BANGALORE 560023 29. K. VEDHA W/O S.KARIKALAN, - 6 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 AGED ABOUT 47 YEARS, R/AT 8/1, 1ST CROSS, MANJUNATH NAGAR, MAGADI ROAD, BANGALORE 560 023 30. V.RAMANI W/O R.BALARAMAN, AGED ABOUT 57 YEARS, R/AT 49, OM SHAKTHI STREET, 1ST MAIN, EVERGREEN STREET CROSS, UDAYANAGARA, DOORVANINAGARA, BANGALORE 560016 31. RAVI SANKAR KUMAR DASARI S/O LATE HANUMATHA RAO DASARI, AGED ABOUT 38 YEARS, REP. BY HIS GPA HOLDER D.RAMADEVI. W/O LATE HANUMATHA RAO DASARI R/AT 25-10-126, SRINIVASARAO PET, 1ST LANE, GUNTUR-4, ANDRA PRADESH-522002 32. D.RAMADEVI W/O LATE HANUMANATHA RAO DASARI AGED ABOUT 45 YEARS, GPA HOLDER RAVISHANKAR KUMAR DASARI, S/O LATE HANUMANTHA RAO DASARI, R/AT 25-10-126, SRINIVASARAO PET, 1ST LANE, GUNTUR-4, ANDRA PRADESH-522002 33. ANUPAMA.C W/O VASANNA, AGED ABOUT 35 YEARS, R/AT VADARAHALLI POST/VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYA PATNA TALUK, HASSAN DISTRICT-573116 34. RAJESNDRA KUMAR.V. G S/O K.N.GURULINGAIAH, AGED ABOUT 25 YEARS, R/AT SHARADA SAPTAGIRI EXTENSION GSS BHAVAN ROAD, TUMKUR-512101 - 7 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 35. H.P. SHIVANNA. S/O LATE PUTTANANJAPPA, AGED ABOUT 71 YEARS, R/AT 825, 1ST CROSS ROAD, IV BLOCK, HMT LAYOUT, NAGASANDRA, BANGALORE 560 073 36. A SADANANDA S/O LATE SRIHARI A AGED ABOUT 65 YEAWRS R/AT 1ST MAIN ROAD VIJAYANANDANAGAR NANDINI LAYOUT BANGALORE 560 096 37. ABILASH BALIGA S/O LATE SURENDRA BALIGA AGED ABOUT 40 YEARS RA/T 149, 3RD CROSS 1ST MAIN, 1ST STAGE K H B BASAVESHWARANAGARA BANGALORE 560 079 38. SHEKAR ADIVAPPA HELAGE S/O ADIVAPPA AGED ABOUT 39 YEARS RA/T OPPGOLGUMBAJ GANBHINAGAR HUKKERI TALUK BELAGAVI DISTRICT – 590001 39. MALADEVI S W/O PRAKASH AGED ABOUT 51 YEARS R/AT 720, BEHIND BANK, 6TH CROSS AGB LAYOUT, HESARAGATTA ROAD BANGALORE 560 073 40. SHANTHALA W/O PRAKASH S N AGED ABOUT 41 YEARS R/AT NO. 15, HESARAGHATTA ROAD M M LAYOUT,INFRONT OF JANAPRIYA APARTMENT BANGALORE 560 039 - 8 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 41. VIJAYA KUMAR S/O LATE CHINNAGOPA AGE ABOUT 38 YEARS R/A NO 57 SRI LAKSHMI VENKATEESHWARA NILLAYLA 3RD CROSS NRI LAYOUT KALKERE BANGALROE 560043 42. V BHAGYALAKSHMI W/O SAI RAMESH AGE ABOUT 45 YEARS R/A NO 209 BHAGYASHREE NIVASA CHIKKABIDARAKALLU BANGALORE 560073 43. ADIVAPPA S KUMBARA S/O SHIVALINGAPPA AGE ABOUT 31 YEARS R/AMUDUKAVI (VNAD POST) RAMADURGA TALUK BELAGAVI DISTRICT 590001 44. K M PRADEEPA S/O MANJAPPA AGE ABOUT 38 YEARS'R/A HOSAKERI VILLAGE NONABOORU POST THIRTHAHALLY TALUK SHIVAMOGGA 577414 45. SOURBHA B L W/O JAGADISH AGE ABOUT 40 YEARS R/A NO 97 3RD CROSS BHUVANESHWARINAGAR DASARAHALLI MAIN ROAD BANGALORE 560024 46. NAGARAJ S/OLATE B B LAKSHMANANGOWDA AGE ABOUT 33 YEARS R/A BALOORU VILLAGE MOODIGERE TALUK CHIKKAMANGALURU 577122 47. BHARAT SUDHIR PRASADAM S/O LATE VENKATESHWARLU PRASADAM AGE ABOUT 37 YEARS R/A NO 6-447, SETHRAMPURAM JAGGAYYAPET REP BY GPA HOLDER - 9 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 VIJAYALAKSHMI PRASADAM ANDRAPRADESH 521175 48. P HARIPRASAD VARADA S/O P L PRAHLLAD VARAFDA AGE ABOUT 52 YEARS R/A NO 40, SRIKRISHNA, 1ST CROSS 3RD MAIN M PM LAYOUT, NAGARABHAVI 2ND STAGE MALLATHAHALLI BANGALORE 560056 49. SANGEETHA BAGREEHA W/O D CHETHAN KUMAR BAGREEHA AGE ABOUT 42 YEARS R/A NO 17, 8TH CROSS 4TH MAIN AGRAHARA DASARAHALLI BANGALORE 560056 50. K G VENKATESH S/O K N NARASEGOWDA AGE ABOUT 51 YEARS R/A NO 13, AMRUTHA NILAYLA, 1ST MAIN ROAD, 5TH CROSS MAGADI MAIN ROAD, BANGALORE 560091 51. H A NAGARAJA S/O LATE H S ANANTHA RAO AGE ABOUT 45 YEARS R/A 1416 SOUTH END A ROAD 9TH BLOCK, JAYANAGAR BANGALORE 560069 52. JAYAMMA W/O LATE S R NARASIMHASWAMY AGE ABOUT 93 YEARS R/A TILAK PART ROAD KEB QUARTER BEHIND VIJAYANAGAR EXTENSION REP BY YOGNARASIMHA S/O KRISHNASWAMY CHIKKAMAGALUR 577101. …RESPONDENTS (BY SMT. R. RADHA .,ADVOCATE FOR C/R1 & ALSO FOR R2) - 10 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH THE ORDER PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC NELAMANGALA DATED 13/01/2026 PASSED IN OS NO. 531/2016 ON IA NO. 55 BY WHICH ORDER THE APPLICATION OF THE PETITIONER TO IMPLEAD HAS BEEN REJECTED AND CONSEQUENTLY ALLOW THE APPLICATION AND PERMIT THE PETITIONER TO COME ON RECORD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the impleading applicant in O.S.No.531/2016 is directed against the impugned order dated 13.01.2026 passed on I.A.No.55, whereby the said application filed by the petitioner – impleading applicant i.e., Maruthi Megacity Site Owner’s Welfare Association under Order 1 Rule 10(2) CPC was rejected by the trial court. 2. A perusal of the material on record will indicate that respondents 1 and 2 – plaintiffs initially instituted the aforesaid suit against defendants 1 to 7 for partition and separate possession of their alleged share in the suit schedule immovable property and for other reliefs. During the pendency of the suit, defendants 8 to 50 claiming to be the purchasers of sites in the suit schedule property - 11 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 sought for impleadment and the same was permitted by the trial court, as a result of which, defendants 8 to 50 got themselves impleaded and are contesting the suit. Subsequently, the petitioner – impleading applicant filed the instant impleadment application interalia contending that in addition to defendants 1 to 50, there are 200 other site owners, who are the members of the petitioner – Association, whose rights would also be affected by any order to be passed in the suit and as such, they were also proper and necessary parties to the suit. The said application having been opposed by the respondents, the trial court proceeded to pass the impugned order on the ground that the petitioner - Association has no right over the property and as such, the Association which merely represents the alleged site owners cannot seek impleadment in the suit. Aggrieved by the impugned order, the petitioner is before this Court by way of the present petition. 3. Heard learned counsel for the petitioner and learned counsel for respondents 1 and 2 and perused the material on record. 4. A perusal of the impugned order as well as the material on record will indicate that though the petitioner – Association - 12 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 merely represents 200 persons who claim to be the site owners of the various sites alleged to have been formed in the suit schedule property, in the light of the undisputed fact that some of the site owners had already got themselves as defendants 8 to 50 and their impleadment has attained finality and become conclusive and binding upon the plaintiffs and defendants 1 to 7, I am of the considered opinion that by invoking / applying the doctrine of parity and since the members of the petitioner – Association are similarly / identically situated with defendants 8 to 50, who also claimed to be the site owners, without expressing any opinion on the merits/ demerits of the rival contentions between the petitioner on one hand and plaintiffs on the other, I deem it just and appropriate to set aside the impugned order and allow the application filed by the petitioner, by issuing certain directions. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 13.01.2026 passed on I.A.No.55 in O.S.No.531/2016 by the trial court is hereby set aside. - 13 - HC-KAR NC: 2026:KHC:5406 WP No. 2737 of 2026 (iii) I.A.No.55 filed under Order 1 Rule 10(2) CPC is hereby allowed and the petitioner – Association is permitted to be impleaded as additional defendant No.51 in the suit. (iv) The plaintiffs shall carryout necesary amendment and file amended cause title on the next date of hearing of the suit, which stands posted on 10.02.2026. (v) It is further directed that on the next date of hearing of the suit on 10.02.2026, the petitioner / impleaded defendant No.51 shall file the written statement without seeking adjournment under any circumstances whatsoever. (vi) Immediately upon the petitioner filing the written statement as stated supra, respondents 1 and 2 – plaintiffs would be entitled to file rejoinder / reply to the same, if required. (vii) Immediately upon completion of the pleadings of all parties as stated supra, the trial court shall proceed further and dispose of the suit within a period of six months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.