- 1 - HC-KAR NC: 2026:KHC:5402 WP No. 28738 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28738 OF 2025 (GM-CPC) BETWEEN: IIFL HOME FINANCE LIMITED (FORMERLY KNOWN AS INDIA INFOLINE HOUSING FINANCE LIMITED) HAVING ITS REGISTERED OFFICE AT IIFL HOUSE, SUN INFOTECH PARK, ROAD NO.16V, PLOT NO. B-23, MIDC THANE INDUSTRIAL AREA, WAGLE ESTATE, THANE-400604 PERSUANT TO RULE 29 OF THE COMPANIES (IN CORPORATION) RULES, 2014 BRANCH OFFICE AT NO.09, GROUND FLOOR SOMA MERIT, VENKATASWAMY NAIDU STREET TASKAR TOWN, SHIVAJINAGAR BANGALORE-560051 REPRESENTED BY ITS STATE LEGAL MANAGER AND AUTHORIZED OFFICER, MR.MADHU KUMAR.S.M …PETITIONER (BY SRI. SATISH V.,ADVOCATE) AND: 1. SMT.SUMITHRA B V W/O RAJESH ALIAS MAHESH D/O VENKATESH AGED ABOUT 31 YEARS 2. MASTER.BHARGAV @ BALAJI S/O RAJESH @ MAHESH AGED ABOUT 6 YEARS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5402 WP No. 28738 of 2025 REPRESENTED BY HIS MOTHER AS NATURAL GUARDIAN R/AT NO.73/A, 2ND A CROSS, NEAR VEERABHADRA SWAMY TEMPLE, BANGALORE-560076 3. SMT. SARASAMMA @ SARASWATHAMMA W/O LATE GURUMURTHY AGED ABOUT 62 YEARS 4. SRI.RAJESH.G S/O LATE GURUMURTHY AGED ABOUT 36 YEARS R3 & R4 ARE RESIDING AT NO.39/3, DHOBI STREET, K G HALLI MAIN ROAD, NAGAWARA, BANGALORE-560045 5. SMT.REKHA.G D/O LATE GURUMURTHY AGED ABOUT 39 YEARS R/AT NO.150, BALAGERE, BELLANDURU POST, VARTHURU HOBLI, BANGALORE-560087 …RESPONDENTS (NOTICE TO RESPONDENTS ARE D/W) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 10/03/2025 PASSED BY HONBLE CITY CIVIL AND SESSIONS JUDGE (CCH-28) IN OS NO. 4961/2021 AND CONSEQUENLTY ALLOW THE IMPLEADING APPLICATION AND PERMIT THE PETITIONER TO CONTEST THE SUIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:5402 WP No. 28738 of 2025 ORAL ORDER This petition by the impleading applicant in O.S.No.4961/2021, on the file of the XIV Additional City Civil and Sessions Judge, Bengaluru is directed against the impugned order dated 10.03.2025, whereby the application I.A.No.3 filed by the petitioner under Order I Rule 10 CPC seeking impleadment as defendant No.4 was dismissed on the ground that the plaintiff did not file/submit arguments. 2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents is dispensed with. 3. A perusal of the material on record will indicate that the plaintiff Nos.1 and 2 instituted a suit in O.S.No.4961/2021 against defendant Nos.1 to 3 for partition and separate possession of their alleged share in the suit schedule immovable properties and for other reliefs. During the pendency of the suit, the petitioner - impleading applicant filed I.A.No.3 seeking impleadment of defendant No.4. The plaintiff having filed objections to the impleading application, the matter was posted on 10.03.2025 on which date the trial Court proceeded to dismiss I.A.No.3 on the - 4 - HC-KAR NC: 2026:KHC:5402 WP No. 28738 of 2025 ground that the impleading applicant or his counsel and the plaintiff did not address arguments in the matter. 4. In my considered opinion, the impugned order passed by the trial Court dismissing the application filed by the petitioner on the ground that the plaintiff had not addressed arguments is clearly erroneous and incorrect and in order to provide one more opportunity to the petitioner to submit his arguments on merits, I deem it just and appropriate to set aside the impugned order and remit the matter back to the trial Court for reconsideration of I.A.No.3 afresh and in accordance with law. 5. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 10.03.2025 on I.A.No.3 in O.S.No.4961/2021 on the file of the XIV Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside. iii) The matter is remitted back for reconsideration of I.A.No.3 afresh and in accordance with law. - 5 - HC-KAR NC: 2026:KHC:5402 WP No. 28738 of 2025 iv) 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 MDS List No.: 1 Sl No.: 47