The inclusion of necessary parties in legal proceedings is essential for effective adjudication of disputes.

ORAL ORDER

In this petition, petitioner seeks the following reliefs:

“a) Issue writ of certiorari, by quashing Annexure-A, order in I.A.No.1 dated 23.06.2025 passed by II Additional City Civil and Sessions Judge an Spl. Judge at Bengaluru in LAC No.115/2008 dismissed the application under Order 47 Rule 1 of R/w Section 151 of CPC filed by the petitioners to review the order dated 05.01.2018 – application under Order 1 Rule 10(2) filed by the Respondent No.12, by allowing the Writ Petition.

b) Issue writ of certiorari by quashing Annexure-A1 order dated 05.01.2018 passed by II Additional City Civil and Sessions Judge and Spl. Judge at Bengaluru in LAC No.115/2008- allowed the application under Order 1 Rule 10(2) filed by the Respondent No.12.

c) To grant such other reliefs deems fit under facts and circumstances of the case in the interest of justice and equity.”

2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. For the order proposed, notice to respondent Nos.2 to 12 is dispensed with.

3. A perusal of the material on record will indicate that the petitioners are claimants 3, 3a to c in the instant LAC No.115/2008, which is pending before the Reference Court. During the course of the said proceedings, the respondent No.12/impleading applicant sought impleadment as additional claimant to the reference proceedings. By the impugned order, the said application having been opposed by the petitioners, the Trial Court proceeded to pass the impugned order at Annexure-A1 dated 05.01.2018 allowing the application by holding as hereunder:

ORDER ON I.A. UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF C.P.C., DATED 27.09.2013

The applicant has filed this I.A. under order 1 rule 10(2) r/w section 151 of C.P.C., praying to implead him as one of the claimant in the instant case.

2. The applicant in an affidavit accompanying to the I.A., among other facts, has stated that, the respondent has acquired the land bearing Sy.No.49/5 of Agara village, Kengeri Hobli, Bengaluru South Taluk, Bengaluru for approved Project of BWSSB. The great rand-father of the applicant namely Mr. Sanjeeva s/o Hanuma had inherited an ancestral property, including the aforesaid acquired land. Late. Sanjeeva had a daughter by name Smt. Hanumakka. The marriage of Hanumakka was solemnised with Chikkabheemaiah. The Hanumakka and Chikkabheemaiah had only a son by name Hanumaiah. The said Hanumaiah is a father of an applicant Muniraju. The father of the applicant Hanumaiah had 2 wives, namely (1) Smt.Lakshmamma the 1st wife and (2) Smt. Puttamma the 2nd wife. The applicant has born to Smt. Lakshmamma the 1st wife of Hanumaiah. The children of applicant’s aunt behind the back of applicant, have got mutated the revenue entries to the properties of Hanumaiah. Therefore, the applicant has filed the suit O.S. No.1594/2012 against them for declaration and other consequential relief, including the aforesaid acquired land and the same is pending for adjudication in the Senior Civil Judge, Bengaluru rural Court, Bengaluru. The applicant is entitle for the compensation of the acquired land. Therefore, prayer to grant the relief as prayed for.

3. The claimant No.2 and deceased claimant No.3 during her lifetime, have filed separate objections to this I.A., contending that the instant I.A. is not maintainable either in law or on facts. The applicant has filed this I.A. on false documents. The suit in O.S. No.1594/20123 filed by the applicant is not tenable under law as same is based on false documents. The claimant No.3 had filed the suit O.S. No.1845/2006 and female legal heir of late. Thimmaiah had filed the suit for partition and separate possession in O.S. No.2920/2006, wherein, the acquire