IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

WRIT PETITION NO. 12543 OF 2018 (GM-CPC)

BETWEEN:

R. SHIVAMURTHY

S/O K. RAMESH

AGED ABOUT 25 YEARS R/AT #7, 5TH A CROSS

NAGAPPA STREET, RAMAIAH

COMPOUND, PALACE GUTTAHALLI

BANGALORE - 560 003.

…PETITIONER

(BY SRI S. KUMAR, ADV.)

AND:

1. SMT. K RADHA

W/O B T RAMA MANOHAR

D/O K KANNAPPA

Digitally signed AGED ABOUT 58 YEARS

by NANDINI M

R/AT #2, TIRUMALA NILAYA

S

1ST BLOCK, DODDABOMMASANDRA

Location: HIGH

VIDYARANYAPURA POST

COURT OF

KARNATAKA BANGALORE - 560 097.

2. SRI K RAMESH

SRI K KANNAPPA

S/O LATE K KANNAPPA AGED ABOUT 53 YEARS

R/AT #7, 2ND FLOOR RAMAIAH COMPOUND

NAGAPPA STREET

PALACE GUTTAHALLI

BANGALORE - 560 003.

3. SMT. K SHANTHI W/O SHIVAJI D/O LATE K KANNAPPA AGED ABOUT 48 YEARS R/AT #22, KAMALA NIVAS

1ST CROSS, MUNESHWARA BLOCK PALACE GUTTAHALLI BANGALORE - 560 003.

4. SMT. K VIJAYALAKSHMI W/O B T NIRANJANA MURTHY D/O LATE K KANNAPPA AGED ABOUT 40 YEARS R/AT #25, 2ND CROSS H M NAYAKA ROAD JAI MARUTHI NAGAR NANDINI LAYOUT BANGALORE - 560 096. 5. SRI N DEEPAK RAJ S/O SRI D NANDA KUMAR AGED ABOUT 24 YEARS R/AT NO. 46TH CROSS BAPUJI LAYOUT, VIJAYANAGAR BANGALORE - 560 040.

…RESPONDENTS (BY SRI SOMANATHA H, ADV., FOR R-5;

R-2 SERVED & UNREPRESENTED;

V/O DTD 01.12.2025-PETITION AGAINST R-1, R-3 & R-4 IS DISMISSED)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11.12.2017 IN O.S.398/2017 PASSED BY THE LEARNED XII ADDL.

CITY CIVIL AND SESSIONS JUDGE, BANGALORE VIDE ANNEX-D.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set- aside the order dated 11.12.2017 passed on IA No.7 in OS No.398/2017 by the Court of XII Addl. City Civil and Sessions Judge, Bengaluru.

2. Heard the learned Counsel for the parities.

3. Suit in O.S.No.398/2017 is filed by the petitioner herein seeking the relief of declaration and consequential relief of permanent injunction. In the said suit, contesting defendants have filed their written statement and opposed the suit claim. IA.No.7 was filed on behalf of respondent no.5 herein under Order 1 Rule 10(2) of CPC with a prayer to implead him as party defendant No.5 in the suit.

4. The said application was allowed by the order impugned and being aggrieved by the same, plaintiff is before this Court.

5. Perusal of the material on record would go to show that IA.No.7 was filed before the Trial Court on 11.09.2017. On the said date, the matter was adjourned to 11.12.2017 to enable the plaintiff to file objections to the said application. However, on 11.12.2017, for the reason that no objection was filed on behalf of the plaintiff to IA.No.7, the Trial Court has allowed the said application vide the order impugned.

6. Perusal of the order impugned would go to show that no cogent reasons have been assigned by the Trial Court to implead the applicant in IA.No.7 as party defendant to the suit. Therefore, on this short ground, the order impugned needs to be set aside. Accordingly, the following order:

7. Writ petition is allowed. The impugned order dated 11.12.2017 passed on IA no.7 in O.S.No.398/2017 by the Court of XII Addl. City Civil and Sessions Judge, Bengaluru, is set aside. The matter is remitted to the Trial Court to consider the application - IA.no.7, afresh.

Sd/-

(S VISHWAJITH SHETTY)

JUDGE DN/KK