IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 27988 OF 2025 (GM-CPC)

BETWEEN:

MR.NITESH REDDY AGED ABOUT 22 YEARS S/O.BABU REDDY B.P.

R/AT NO.84 PRESTIGE SUMMER FIELDS GEAR SCHOOL ROAD BOGANAHALLI, BELANDRU POST BENGALURU-560 037 …PETITIONER (BY SRI R.HEMANTH RAJ, ADVOCATE)

AND:

1. MR.T.V.HARISH S/O.T.M.VENKATACHALAPATHI AGED ABOUT 60 YEARS 2. MRS.T.H.SRIVALLI W/O.T.V.HARISH Digitally signed AGED ABOUT 55 YEARS by GAVRIBIDANUR SUBRAMANYA R-1 AND R-2 ARE R/AT GUPTA SREENATH NO.391/2, KARTHIK NILAYA Location: HIGH MARATHAHALLI, VARTHUR HOBLI COURT OF KARNATAKA BENGALURU EAST TALUK BENGALURU-560 037

3. MR.K.JAIPAL ALIAS K.JAIPAL REDDDY S/O.K.N.KRISHNA REDDY AGED ABOUT 46 YEARS R/AT NO.162 SARAJAPUR MAIN ROAD DODDAKANNAHALLI CARMELARAN POST BENGALURU-560 035

4. MR.SUNIL KUMAR K.

S/O.K.N.KODANDARAMA REDDY AGED ABOUT 45 YEARS R/AT FLAT NO.A-802, 'A' BLOCK SALARPURIA, SENORITA SARAJAPUR MAIN ROAD HALANAYKANAHALLI BENGALURU-560 035

5. K.N.SOMASHEKAR S/O.LATE K.H.NARAYANA REDDY AGED ABOUT 66 YEARS R/AT NO.366, 10^TH 'B' CROSS

10^TH MAIN , ATTUR LAYOUT YELAHANKA, BENGALURU …RESPONDENTS (BY SRI P.B.AJIT, ADVOCATE FOR R-1 & R-2;

NOTICE TO R-3 & R-4 IS DISPENSED VIDE ORDER DATED 13.10.2025;

NOTICE TO R-5 IS DISPENSED VIDE ORDER DATED 19.11.2025)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH THE ORDER DATED 28.07.2025 PASSED ON IA.NO.3 IN O.S.NO.1000/2024 BY XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU VIDE ANNEXURE-A.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard learned counsel for petitioner and learned counsel for respondent Nos.1 and 2.

2. This petition is filed by defendant No.1.

3. Learned counsel for petitioner-defendant No.1 contends that upon institution of a suit in O.S.No.1000/2024 by the plaintiffs, summons was issued to the defendants, they appeared and thereafter, defendant No.1 filed an application under Order I Rule 10(2) of CPC seeking deletion of his name from the array of parties in the suit proceedings for the reason that there is no cause of action subsisting against him, in view of the execution of the registered cancellation of sale deed dated

06.06.2024.

3.1 It is further contended that petitioner-defendant No.1 that he has executed registered cancellation of sale deed dated 06.06.2024 with defendant No.3 after receiving full sale consideration amount. Therefore, there would not be any cause of action for the plaintiffs to proceed against defendant No.1. The application filed by defendant No.1 before the trial Court came to be rejected for the reason that beside the fact of registered cancellation of the sale deed, there is a relief claimed by the plaintiffs against defendant No.1 by way of perpetual injunction where the plaintiffs are claimed to be the owner and in possession of the suit schedule property. Hence, the order of injunction is sought against defendant No.1, thereby the trial Court rejected the application, against which, this petitioner is before this Court.

4. During pendency of this petition, the petitioner-

defendant No.1 filed an affidavit, the contents of which reads as under:

1. I submit that I am the petitioner in the above case and I am well aware of the facts and circumstances of the above case.

2. I submit that I have filed the above Writ Petition impugning the Order dated 28.07.2025 passed on I.A No. 3, in O.S. No.

1000/2024 filed by me Under Order 1 Rule 10 (2) of the Code of Civil Procedure seeking the Hon'ble Court to delete my name from the suit on the ground that I have not subsisting right against me.

3. I submit that the Respondent/Plaintiff has filed the above suit seeking the relief of Declaration that the Plaintiff is the absolute owner of the suit schedule property. Declaration that the sale deed dated 28.01.2010 registered as Document NO.