IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.7691 OF 2024 (GM-CPC)

BETWEEN:

SMT MUNITAYAMMA, SINCE DEAD BY LRS, 1. SRI MUNEGOWDA S/O MUNISWAMAPPA, AGED ABOUT 54 YEARS, SRI. MANJUNATHA SINCE DEAD BY HIS LRS

2. SMT. ANJINAMMA W/O LATE MANJUNATH, AGED ABOUT 35 YEARS, 3. KUM. PAVANA D/O LATE MANJUNATH, AGED ABOUT 12 YEARS, Digitally signed by SINCE MINOR REPRESENTED BY MADHURI S HER NATURAL GURADIAN I.E., Location: H igh PETITIONER NO.2.

Court of Karnataka

4. SRI. RAVICHANDRA S/O MUNISWAMAPPA, AGED ABOUT 50 YEARS, ALL ARE R/AT YELUVAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT-562103 …PETITIONERS (BY SRI. SHIVAKUMAR V., ADVOCATE)

AND:

1. SRI A MOHAN S/O LATE N. APPAYYANNA, AGED ABOUT 56 YEARS, 2. SRI.M. VIKAS S/O MOHAN, AGED ABOUT 28 YEARS, 3. SRI M. SHREYAS S/O A MOHAN, AGED ABOUT 28 YEARS, ALL ARE R/AT NO.6, AMBEDKAR MEDICAL COLLEGE, SHAMPURA MAIN ROAD, KAVALBYRASANDRA, BENGALURU-560 045. 4. SRI. KEMPANNA S/O LATE MUTHURBASAPPA, AGED ABOUT 58 YEARS, R/AT CHEEMACHANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 129.

SMT. NARAYANAMMA SINDE DEAD BY HER LRS

5. SRI BYREGOWDA S/O LATE MUNISHODAPPA AND LATE NARAYANAMMA, AGED ABOUT 60 YEARS, R/AT YELUVAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT-562 103.

6. SMT. PUTTAMMA D/O LATE MUNISHODAPPA AND LATE NARAYANAMMA, W/O LATE SHIVANNA, AGED ABOUT 53 YEARS, R/AT BEEDAGANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT-562 101.

7. SRI.R. PILLA KEMPANNA S/O LATE REDDAPPA, AGED ABOUT 58 YEARS, R/AT CHEEMACHANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 129.

8. SMT. BHAGYAMMA W/O MOHAN, AGED ABOUT 38 YEARS, AMBEDKAR MEDICAL COLLEGE, SHAMPURA MAIN ROAD, KAVALBYRASANDRA, BENGALURU-560 045.

…RESPONDENTS (BY SRI. SHIVA PRASAD.E, ADVOCATE FOR R-1, R-2, R-3 & R-6;

R-4, R-5, R-7 ARE SERVED)

THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 03.02.2024 PASSED IN O.S.NO.2170/2006 BY THE HON’BLE COURT OF THE ADDL.SR.CIVIL JUDGE AND JMFC, DEVANHALLI OF ALLOWING THE APPLICATION I.A.NO.XX FILED BY THE R1 TO R3 UNDER ORDER I RULE 10 OF CPC FOR IMPLEADING THEM AS DEFENDANTS 5 TO 7 (AT ANNEXURE-J) AND CONSEQUENTLY DISMISS THE SAID APPLICATION-

I.A.NO.20.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

This petition by the plaintiffs in O.S.No.2170/2006 is directed against the impugned order dated 03.02.2024, whereby the application-I.A.No.XX filed by the respondent Nos.1 to 3 – impleading applicants under Order I Rule 10(2) CPC was allowed by the Trial Court, which permitted the respondent Nos.1 to 3 to be impleaded as additional defendants to the suit.

2. Heard learned counsel for the petitioners and learned counsel for the respondent Nos.1, 2, 3 and 6 and perused the material on record.

3. A perusal of the material on record will indicate that the petitioners – plaintiffs instituted the aforesaid suit against respondent Nos.4 to 8 – defendants for partition and separate possession of their alleged share in the suit schedule immovable properties and for other reliefs. It is an undisputed fact and matter of record that in the suit there was an interim order passed in favour of the plaintiffs against the defendants restraining all the defendants including defendant No.1 from alienating, encumbering, disposing of or creating third party rights over the suit schedule properties. During the pendency of the suit, when the matter was set down for cross-examination of DW2, the respondent Nos.1 to 3 herein filed the instant application seeking impleadment on the ground that the defendant No.1 along with his wife and children had executed a registered Sale Deed dated 31.01.2019 in their favour in respect of Item No.1 of the suit