IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 15041 OF 2017 (GM-CPC)

BETWEEN:

1. CHADURANGA KANTHARAJ URS S/O. LATE. K B RAMACHANDRARAJ URS, AGED ABOUT 42 YEARS, GAYATRI VIHAR, BANGALORE PALACE GROUND, RAMANA MAHARSHI ROAD, BANGALORE 560080

2. KIRTIMALINIDEVI AVARU D/O. LATE. SIRDAR K B RAMACHANDRARAJ URS, AGED ABOUT 45 YEARS, GAYATRI VIHAR, BANGALORE PALACE GROUND, RAMANA MAHARSHI ROAD, BANGALORE 560080 …PETITIONERS (BY SMT. GEETHADEVI M PAPANNA, ADVOCATE)

AND:

1. REVAMMA W/O. LATE. S. NARASAIMHARAJU, AGE ABOUT 84 YEARS, R/AT 7/1, PALACE GUTTAHALLI MAIN ROAD, BANGALORE 560003.

SINCE DECEASED AND REPRESENTED BY HER LEGAL REPRESENTATIVE

2. N.G. RAJU S/O LATE. LATE. S. NARASIMHARAJU, AGE ABOUT 45 YEARS, R/AT NO. 133, 4^TH CROSS, R.M.V-II-STAGE, BANGALORE 560094

3. M/S DYNASTY DEVELOPERS PVT LTD NO. 150, 1^ST FLOOR, EMBASSY POINT. INFANTRY ROAD, BANGALORE 560001, REP BY ITS DIRECTOR, NARPAT SINGH CHORARIA

4. DEEPAMALINI DEVI AVARU W/O. JAIDEEP BHALE RAO, AGED ABOUT 44 YEARS, R/AT NO. 304, BRIGADE PARKWAY, NO. 2636, II MAIN ROAD, VV MOHALLA, MYSORE 570002

5. TRIPURASUNDARI DEVI AVARU W/O. SWAROOP ANAND, AGED ABOUT 50 YEARS, GAYATRI VIHAR, BANGALORE PALACE GROUND, RAMANA MAHARSHI ROAD, BANGALORE 560 080

6. THE SUB REGISTRAR GANDHINAGAR, BANGALORE 560009 IMPLEADING APPLICANT

7. BANGALORE DEVELOPMENT AUTHORITY SANKEY RD, NEAR 5TH MAIN RD, KUMARAPARK WEST, GUTTAHALLI, BANGALORE 560 020.

REPRESENTED BY ITS COMMISSIONER …RESPONDENTS (BY SRI. MAHESHA KONGAVI, ADVOCATE FOR R3 R1, DECEASED, VIDE ORDER DATED 07.01.2025 NOTICE TO R2 IS DISPENSED WITH SRI. K.S. RAHUL CARIAPPA, ADVOCATE FOR R4, SRI. SANJAY, ADVOCATE FOR R5, SRI. BOJEGOWDA, AGA FOR R6)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DTD 28.01.2017 BY THE CITY CIVIL COURT, BANGALORE IN O.S.NO.25580/2013 VIDE ANNX-M AND ETC.

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

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL ORDER

1. The present petition seeks to challenge an order dated 28.01.2017 passed in O.S.NO.25580/2013 by learned City Civil Court, Bangalore (hereinafter referred as ‘Impugned Order’). By the Impugned Order an application under Order 1 Rule 10 of CPC, 1908 filed by the applicant BDA seeking impleadment has been allowed.

2. The challenge in the present petition is by the petitioner/plaintiffs. Learned counsel for the petitioner/plaintiffs submit that the petitioner/plaintiff is the owner of the suit schedule property being the first cousin of the erstwhile Maharaja of Mysore and that the petitioner/plaintiff is the legal heir of one Rajkumari Leelavathi Devi who was granted the suit schedule property. Reliance in this behalf is placed on documents annexed along with the suit filed.

3. The learned counsel for the applicant Respondent No.7/BDA on the other hand submits that the suit schedule property was given free of cost to the predecessor in interest the City Improvement Trust Board (CITB) by the then Maharaja of Mysore in the year 1958 in order to form a park around Brindavana in the name of late Maharajakumari Jaylakshmmannaiavaru. In this behalf, he seeks to rely upon the impleadment in this regard.

4. Learned counsel for the petitioner submits that the suit that was filed for disputes inter se between the petitioners and Defendants Nos.1 and 2 and that the respondent/applicant has not taken any steps to evidence his title. She further submits that no documents as has been referred to in the application has been placed on record.

5. A perusal of the record shows that the plaint has been filed seeking inter alia the following reliefs:

“a) Declare that the entries made in the revenue records in respect of the suit schedule property pursuant to the Gift Deed dated 23.02.2012 as fraudulent and null and void and not binding on the plaintiffs.

b) Declare that the Gift Deed dated 23.02.2012 an