- 1 - HC-KAR NC: 2026:KHC:3947 WP No. 5817 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.5817 OF 2024 (GM-CPC) BETWEEN: DR SUCHITRA R D/O VIJAYALAKSHMI W/O DR S SATISH BHAT AGED ABOUT 52 YEARS, R/AT NO.98, YASORAM TEJUS APTS HIGH SCHOOL ROAD, VENNALA COCHIN-680 028. …PETITIONER (BY SRI. G K SHIVA PRAKASH, ADVOCATE) AND: 1. SMT GEETHA SUBRAMANYAM W/O LATE SUBRAMANYAM AGED HINDU MAJOR R/AT NO.528, OLD POST ROAD WYCKOFF, NJ07481 , USA. 2. SRI ANAND S W/O LATE SUBRAMANYAM AGED HINDU MAJOR R/AT NO.528, OLD POST ROAD WYCKOFF, NJ07481, USA. 3. SRI MOHAN S W/O LATE SUBRAMANYAM AGED HINDU MAJOR R/AT NO.528, OLD POST ROAD WYCKOFF, NJ07481, USA. 4. SRI GANAPATHY S/O LATE B R RAMANANDAM Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3947 WP No. 5817 of 2024 AND LATE V VIJAYALAKSHMI AGED ABOUT 49 YEARS, NO.7, AISHWARYA NILAYA, 1ST FLOOR, 18TH CROSS, NANJUNDESHWARA LAYOUT, JP NAGAR 5TH PHASE BENGALURU-560 078. 5. SRI KUMARA VENKATARAMAN S/O LATE V VENKATARAMAN AGED ABOUT 80 YEARS R/A 123, WELLS STREET WESTFIELD, NJ 07090 US. 6. SRI KRISHNAMURTHY VENKATARAMAN S/O LATE V VENKATARAMAN AGED ABOUT 75 YEARS R/AT 17 MARIPOSA PLACE OLD BRIDGE NEW JERSEY 08857 USA. 7. DR VANDANA D/O LATE V VASANTHA W/O DR RADHAKRISHNA AGED ABOUT 60 YEARS, R/AT 1043, IN 36TH F CROSS 4TH T BLOCK, JAYANAGAR BENGALURU-560 041. 8. SMT ARCHANA D/O LATE V VASANTHA W/O SRI PRASAD AGED ABOUT 51 YEARS, R/AT 1043, IN 36TH F CROSS 4TH T BLOCK, JAYANAGAR BENGALURU – 560 041. 9. SMT AARTHI D/O LATE V VASANTHA W/O SRI NAGARAJ AGED ABOUT 49 YEARS, R/AT 1043, IN 36TH F CROSS 4TH T BLOCK, JAYANAGAR BENGALURU-560 041. 10. SRI MANJUNATH S/O LATE V VENKATARAMAN R/AT 1043, IN 36TH F CROSS - 3 - HC-KAR NC: 2026:KHC:3947 WP No. 5817 of 2024 4TH T BLOCK, JAYANAGAR BENGALURU-560 041. 11. SMT ANNAPURNAMMA W/O LATE B S BALASUBRAMANYAM AGED ABOUT 56 YEARS R/AT NO.9/4, 26TH MAIN, 40TH CROSS JAYANAGAR 9TH BLOCK BENGALURU-560 069. 12. SRI RANGANATHAN S AGED ABOUT 60 YEARS, S/O LATE SRINIVASAN R/AT KADAMBARI 36TH CROSS, 26TH MAIN, SSMRV PU COLLEGE JAYANAGAR 4TH T BLOCK BENGALURU-560 041. 13. SMT MEENA K AGED ABOUT 60 YEARS, W/O RANGANATHAN S R/AT KADAMBARI 36TH CROSS, 26TH MAIN, SSMRV PU COLLEGE JAYANAGAR 4TH T BLOCK BENGALURU-560 041. …RESPONDENTS (BY SMT. P. VARALAKSHMI NAGARAJ, ADVOCATE FOR R-10 & R-11 SRI. R.S. RAJESH, ADVOCATE FOR R-12 & R-13 VIDE ORDER DATED: 18.03.2024 NOTICE TO R-1 TO R-9 D/W) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN OS 25571/2023 ON THE FILE OF THE LVII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BANGALORE (CCH-58) AND QUASH THE IMPUGNED ORDER DATED 20/01/2024 PASSED ON IA NO.2 IN OS 25571/2023 ON THE FILE OF THE LVII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BANGALORE (CCH-58) AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 4 - HC-KAR NC: 2026:KHC:3947 WP No. 5817 of 2024 ORAL ORDER This petition by the plaintiff in O.S.No.25571/2023 is directed against the impugned order dated 20.01.2024 passed by the LVII Additional City Civil and Sessions Judge, Mayo Unit, Bangalore, whereby the application – I.A.No.2/2023 filed by the petitioner- plaintiff seeking impleadment of defendant Nos.12 and 13 was dismissed by the Trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner-plaintiff instituted the aforesaid suit against 11 defendants, Smt. Annapurnamma being arrayed as defendant No.11 in the suit. After institution of the suit, Smt. Annapurnamma filed a written statement interalia contending that she has sold the suit schedule property along with her brother defendant No.10- Manjunath in favour of the proposed defendant Nos.12 and 13 vide registered Sale Deed dated 10.04.2023. Under these circumstances, the petitioner filed the instant application seeking impleadment of the proposed defendant Nos.12 and 13 as additional defendants in the suit. The said application having been - 5 - HC-KAR NC: 2026:KHC:3947 WP No. 5817 of 2024 opposed by defendant Nos.12 and 13, the Trial Court proceeded to pass the impugned order, aggrieved by which, the petitioner is before this Court by way of the present petition. 4. A perusal of the impugned order will indicate that the Trial Court completely misdirected itself in rejecting the impleadment application by averting to and referring to the merits/demerits of the rival contentions. In this context, the Trial Court failed to consider and appreciate that having regard to the undisputed fact that defendant Nos.10 and 11 had sold the suit schedule property in favour of defendant Nos.12 and 13 vide registered Sale Deed dated 10.04.2023, the proposed defendant Nos.12 and 13 were both proper and necessary parties to the suit since they had undisputedly purchased the suit schedule property from defendant Nos.10 and 11. The Trial Court also failed to appreciate that while considering an application for impleadment of pre-suit purchasers from the existing defendants, the merits/demerits of the rival contentions cannot be gone into as erroneously done by the Trial Court. Under these circumstances without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the - 6 - HC-KAR NC: 2026:KHC:3947 WP No. 5817 of 2024 impugned order and allow I.A.No.2/2023 thereby directing proposed defendant Nos.12 and 13 to be impleaded as additional defendants to the suit by issuing certain directions. 5. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 20.01.2024 passed in O.S.No.25571/2023 by the LVII Additional City Civil and Sessions Judge, Mayo Unit, Bangalore (CCH-58) is hereby set aside. (iii) Respondent Nos.12 and 13 are directed to be impleaded as additional defendant Nos.12 and 13 to the suit. (iv) Petitioner to carry out amendment and file amended plaint by next rate of hearing. (v) Liberty is reserved in favour of defendant Nos.12 and 13 to file their written statement and contest the suit on all aspects of the matter. (vi) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 75