- 1 - HC-KAR NC: 2026:KHC:3670 WP No. 21449 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21449 OF 2025 (GM-CPC) BETWEEN: SMT. AMBIKA M. T., WIFE OF SRI. PURUSHOTHAMA, AND DAUGHTER OF LATE DR. THIPPAESWAMI, AGED ABOUT 46 YEARS, RESIDING AT MALLURU VILLAGE, JANGAMAKOTE HOBLI, SHIDLAGHATTA TALUK, CHIKKABALAPUR DISTRICT REP.BY HER GPA HOLDER MR. PURUSHOTHAMA …PETITIONER (BY SRI. B. L. NANDA KUMAR, ADVOCATE) AND: 1. SMT M. VARADAMMA, WIFE OF LATE DR. THIPPAESWAMI, AGED ABOUT 75 YEARS, RESIDING AT LIG-45,1ST PHASE, KHB COLONY (HUDCO COLONY), GOPALA SHIVMOGGA CITY (SINCE DEAD AND LEGAL HEIRS ARE ALREADY ON RECORD AS D2-D5/RESPONDENTS 2-5) 2. SMT. ARUNA, WIFE OF SRI. SREENIVAS, AGED ABOUT 53 YEARS, 3. SMT. UMA, WIFE OF SRI. RUSHIRNATH, AGED ABOUT 47 YEARS, BOTH 2 AND 3 ARE RESIDING AT “SRI NILAYA”, VIJAYANAGAR, 1ST CROSS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3670 WP No. 21449 of 2025 BACKSIDE OF DRUPADAMMA TEMPLE, SHIVAMOGGA 4. SMT. SANDYA, WIFE OF BABU, AGED ABOUT 62 YEARS, R/O, NO. 24/3, NEAR GANESH TEMPLE, KHB COLONY, KS TOWN, KENGERI, BANGALORE – 560 060 5. SMT. SHOBA WIFE OF SURESH, AGED ABOUT 56 YEARS, R/O NO. 824/8/69, NEAR MOUNT EVEREST SCHOOL, JAYANAGAR “C” BLOCK BANGALORE 6. THE SUB-REGISTRAR SHIVMOGGA, SHIVMOGGA DISTRICT …RESPONDENTS (BY VIDE ORDER DATED 21.01.2026, NOTICE TO R1 TO R5 IS DISPENSED WITH; SRI. NEELAKANTAPPA K. PUJAR, HCGP FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING ANNX-A PASSED BY THE LEARNED PRINCIPLE CIVIL JUDGE AND JMFC AT SHIVAMOGGA IN OS NO. 626/2019 IN ALLOWING IA NO. 7 DTD 27.03.2025 FILED BY THE PETITIONER BEFORE THE TRIAL COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:3670 WP No. 21449 of 2025 ORAL ORDER This petition by the plaintiff in O.S.No.626/2019 is directed against the impugned order dated 27.03.2025 passed by the Principal Civil Judge and JMFC, Shivamogga (for short “the Trial Court”), whereby the application, I.A.No.7 filed by the petitioner- plaintiff under Order I Rule 10(2) CPC, seeking impleadment of respondent No.6 herein, the Sub-Registrar as additional defendant No.6 to the suit was dismissed by the Trial Court. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.6 and perused the material on record. 3. For the order proposed, notice to respondent Nos.1 to 5 is dispensed with. 4. A perusal of the material on record will indicate that the suit filed by the petitioner-plaintiff against the respondents- defendant Nos.1 to 5 for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property, the petitioner filed the instant application seeking impleadment of respondent No.6 – Sub-Registrar as additional defendant No.6. The said application having been opposed by the proposed defendant No.6, the Trial Court proceeded to pass the impugned - 4 - HC-KAR NC: 2026:KHC:3670 WP No. 21449 of 2025 order rejecting the application, aggrieved by which the petitioner is before this Court by way of the present petition. 5. A perusal of the material on record will indicate that the Trial Court has failed to consider and appreciate that respondent No.6- proposed defendant No.6 herein being the jurisdictional Sub- Registrar was both a proper and necessary party to the instant suit and as such, the petitioner was entitled to implead the respondent No.6 herein as additional defendant No.6 to the suit, especially when no prejudice can be said to be caused to respondent No.6- proposed defendant No.6, who would be entitled to file his written statement and contest the suit on merits. Under these circumstances, I am of the view that the impugned order passed by the Trial Court rejecting I.A.No.7 has resulted in failure of justice warranting interference by this Court in the present petition. 6. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 27.03.2025 passed on I.A.No.7 in O.S.No.626/2019 by the Trial Court is hereby set aside. - 5 - HC-KAR NC: 2026:KHC:3670 WP No. 21449 of 2025 (iii) Consequently, I.A.No.7 is allowed. (iv) The Trial Court is directed to permit the petitioner to implead respondent No.6 herein as additional defendant No.6 to the suit. (v) The petitioner shall file amended cause title/plaint before the Trial Court on the next date of hearing, pursuance to which the Trial Court shall proceed further in the matter, in accordance with law. (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 BMC List No.: 2 Sl No.: 6