- 1 - HC-KAR NC: 2026:KHC:24112 W.P. No.24451/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.24451/2021 (GM-CPC) BETWEEN: MR. VIJAYKUMAR S/O CHANDRAN AGED ABOUT 45 YEARS MOBILE SHOP OWNER RESIDING AT NO.14/9 PRAKASHNAGAR, HOSUR TALUK-635109 KRISHNAGIRI DISTRICT TAMIL NADU STATE. …PETITIONER (BY SRI. UMESH MOOLIMANI, ADV.,) AND: 1. SMT. VINUTHA D/O BYYAREDDY W/O MANJUNATHREDDY AGED ABOUT 35 YEARS. 2. V. MANJUNATHREDDY S/O VENKATAREDDY AGED ABOUT 46 YEARS. 3. NIHALSAGAR REDDY S/O V. MANJUNATHREDDY AND SMT. VINUTHA AGED ABOUT 15 YEARS SINCE MINOR REPRESENTED BY HIS NEXT FRIEND GUARDIAN AND NATURAL FATHER Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24112 W.P. No.24451/2021 THE 2ND RESPONDENT HEREIN RESPONDENTS NO.1 TO 3 ARE RESIDING AT NO.1/9, 4TH CROSS SHANTHINAGAR HOSUR, KRISHNAGIRI DISTRICT TAMIL NADU STATE-635109. 4. S. NARAYANASWAMY S/O LATE SANJEEVAIAH AGED ABOUT 76 YEARS R/O DEVARAHOSAHALLI VILLAGE KASABA HOBLI CHANNAPATNA TALUK-562160 RAMANAGARA DISTRICT. …RESPONDENTS (R1 TO R3 SERVICE OF NOTICE IS D/W V/C/O/ DTD:13.09.2024 R4 SERVED) ----- THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 03.01.2020 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGAR IN OS.NO.429/2013 ALLOWING THE IA.NO.VIII FILED BY THE PETITIONER PRODUCED AS PER ANNEXURE-E TO THE WRIT PETITION AND REJECT THE IA.NO.VIII U/O I RULE 10(2) CODE OF CIVIL PROCEDURE FILED BY THE R4 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:24112 W.P. No.24451/2021 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 03.011.2020 passed on IA.No.8 filed by respondent No.4, in OS.No.429/2013 by the Principal Senior Civil Judge and CJM, Ramanagara (for short 'the trial Court'). 2. Heard Sri.Umesh Moolimani, learned counsel appearing for the petitioner. Despite service of notice on respondent No.4, he remained absent. 3. The petitioner has filed a suit in OS.No.429/2013 seeking the relief of specific performance of an agreement of sale dated 22.02.2010. In the said suit, respondent Nos.1 and 2 have entered appearance and filed a detailed written statement. Respondent No.4 herein has filed an application under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') seeking to implead himself as a party to the proceedings. The said application was opposed by the - 4 - HC-KAR NC: 2026:KHC:24112 W.P. No.24451/2021 petitioner. However, the trial Court, under the impugned order has allowed the said application. It is to be noticed that respondent No.4 claims that he has filed OS.No.198/2015 seeking specific performance of an agreement of sale dated 22.02.2010, which is stated to be pending before the Court of the Additional Senior Civil Judge, Ramanagara. The trial Court has allowed the application by recording the reason that the proposed defendant is a necessary party. In my considered view, the trial Court has committed a grave error. 4. It is to be noticed that in a suit for specific performance of a contract, the parties to the contract are necessary, and persons claiming title under them can be arrayed as parties to the suit, but not third parties. The said view of this Court is supported by the decision of the Hon'ble Supreme Court in the case of Kasturi v. Iyyamperumal and Others1. Section 19 of the Specific Relief Act, 1963, makes it abundantly clear that a stranger 1 (2005) 6 SCC 733 - 5 - HC-KAR NC: 2026:KHC:24112 W.P. No.24451/2021 to the agreement of sale is neither a necessary nor a proper party to the proceedings. It is, however, open to respondent No.4 to independently establish his rights in the suit filed by him. With the aforesaid observations, the writ petition is allowed. The impugned order dated 03.011.2020 passed on IA.No.8 filed by respondent No.4, in OS.No.429/2013 by the Principal Senior Civil Judge and CJM, Ramanagara is hereby set aside. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 18