IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO.22568 OF 2022 (GM-CPC)

BETWEEN:

1. SMT. KAVALKUNTE GEETHA BHAVANI AGED ABOUT 49 YEARS, WIFE OF KAITKA REDDY, RESIDING AT NO.185/91/01, BILLAMARNAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE DISTRICT - 562 157.

2. SMT. LAKSHMI DEVI, AGED ABOUT 49 YEARS, WIFE OF DR. MAHESHWARA REDDY, RESIDING AT FLAT NO.404, MODEL APARTMENT HOUSE, GAYATRI ESTATE, KURNOOL, ANDHRA PRADESH - 518 002.

3. SMT. N. PADMAVATHI, AGED ABOUT 50 YEARS, WIFE OF D. MOHAN KUMAR, RESIDING AT 771, PAWANASTHA, 7^TH A CROSS, A SECTOR, YELAHANKA NEW TOWN, BANGALORE - 560 064.

4. SRI. D. MOHAN KUMAR, AGED ABOUT 58 YEARS, SON OF C. H. KONDANNA, RESIDING AT 771, PAWANASTHA, 7^TH A CROSS, A SECTOR, YELAHANKA NEW TOWN, BANGALORE - 560 064.

5. SRI. N. SURESH KUMAR REDDY, AGED ABOUT 52 YEARS, SON OF N. VEMA REDDY, C/O C. SIVASANKAR REDDY, SHREE HOMES ELEGANCE, FLAT NO.102, 5^TH A CROSS, SUNDER RAM SHETTY NAGARA, BANNERGHATTA ROAD, BANGALORE – 560 076.

6. SRI. T. KRISHNAMOHAN REDDY, AGED ABOUT 53 YEARS, SON OF T. RAMAKRISHNA REDDY, RESIDING AT 2-21, MADDANUR ROAD, JAMMLAMADUGU, CUDDAPPA DISTRICT, ANDHRA PRADESH - 516 434.

7. SRI. CHITTAMURU VENKATASUBBA REDDY, AGED ABOUT 51 YEARS, SON OF RAMANA REDDY, RESIDING AT 9/56, PANTA STREET, ATMAKUR, NELLORE DISTRICT, ANDHRA PRADESH - 520 322.

8. SRI. CHUKKALURU VASUDEVA REDDY, AGED ABOUT 76 YEARS, SON OF C. PADDI REDDY, RESIDING AT NO.13-6-460/84, SHIV BAGH MAHESH NAGAR, GUDI MALKAPUR, HYDERABAD-560 067.

…PETITIONERS (BY SRI. NARASIMHA PRASAD S D., ADVOCATE)

AND:

1. SRI. N. A. KRISHNAMURTHY, AGED ABOUT 66 YEARS, S/O K. N. ASHWATHAN, R/AT NO.10/54, MOODALAPPA CROSS, DODDAMAVALLI, BENGALURU – 560 004.

2. SMT. MUNIYAMMA @ SHEEKALAMMA, AGED ABOUT - ‘MAJOR IN AGE’, W/O KOMAIAH, 3. SRI. B. M. MANJUNATH, AGED ABOUT 46 YEARS, S/O MUNIYAPPA, BOTH RESPONDENT NO.2 AND 3 HEREIN ARE R/AT NO.67, BILMARANAHALLI, BENGALURU NORTH, BENGALURU - 562 157.

4. SMT. CHUKKALURU BHARATHI, AGED ABOUT 48 YEARS, WIFE OF C. PAPI REDDY, C/O C. SURYANARAYANA REDDY, DOOR NO.13/442-2, AMAHA BHAVANI STREET, TADIPATRI, ANDHRA PRADESH - 515 411.

5. SRI. LAKONDA NAGAPRASADA RAO, AGED ABOUT 48 YEARS, S/O NARAYANA RAO, RESIDING AT NO.1476, LANE NO.13, STREET NO.14, NAGARJUNA NAGAR, TARNAKA SECUNDRABAD - 500 017.

…RESPONDENTS (BY SRI. SURYA KANTH C S., ADVOCATE FOR R1;

VIDE ORDER DATED 17.11.2022, NOTICE TO R4 & R5 ARE DISPENSED WITH;

R2 & R3 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 01.10.2022, PASSED ON INTERIM APPLICATION NO.5 FILED UNDER ORDER I RULE 10(2) OF THE CIVIL PROCEDURE CODE, BY THE PETITIONERS AND RESPONDENT NOS.4 AND 5 HEREIN, IN O.S.NO.351/2011, PENDING BEFORE THE HON’BLE COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC, AT DEVANAHALLI AND CONSEQUENTLY ALLOW THE SAME (VIDE ANNEXURE-A HEREIN).

THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP 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 01.10.2022 in O.S.No.351/2011 passed by the Principal Civil Judge and JMFC, at Devanahalli [hereinafter referred to as the “Impugned Order”]. By the Impugned Order, an application by the proposed applicants filed under Order 1 Rule 10(2) of the Civil Procedure Code, 1908, to implead them as necessary parties was dismissed.

2. None appears for the respondents despite service.

3. Given the pendency of the matter and the fact that an order directing stay of proceedings before the learned Trial Court was granted by this Court on 17.11.2022, this Court deems it apposite to hear and decide the matter today.

4. Briefly the facts of the case are, that a suit for specific performance was filed by the respondent No.1/plaintiff against respondent Nos.2 and 3/defendant Nos.1 and 2 before the learned Trial Court in respect