IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 49994 OF 2018 (GM-CPC) BETWEEN:
COMMITTEE OF MANAGEMENT KADIYALI SRI MAHISHAMARDINI TEMPLE KADIYALI, UDUPI - 576 102 R/BY ITS PRESIDENT, K.SHRINIVAS HEBBAR, S/O KRISHNA HEBBAR, AGED 40 YEARS, R/AT H.NO. 1-2-152A, KADIYALI, UDUPI - 576 102.
... PETITIONER (BY SRI. S K ACHARYA, ADVOCATE) AND:
1. SARVAMANGALA KALA MANTAPA SAMITHI (REGD) KADIYALI, UDUPI REP BY ITS SECRETARY, MS. K GAYATHRI UPADHYA, AGED ABOUT 55 YEARS, D/O LATE K.A.R.UPADHYA, 108, ANANTHA NAGAR, MANIPAL - 576 104.
UDUPI TALUK AND DISTRICT.
2. MESCOM REP BY ITS EXECUTIVE ENGINEER, MESCOM, UDUPI, UDUPI TALUK AND DISTRICT – 576 102.
3. MESCOM REP BY ITS ASSISTANT EXECUTIVE ENGINEER, MESCOM, UDUPI SUB DIVISION, UDUPI TALUK AND DISTRICT.
... RESPONDENTS (BY SRI. MANMOHAN P N, FOR SMT. NAMRATA KULKARNI, ADVOCATE FOR R1; SRI. H V DEVARAJU, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 20.10.2018 PASSED IN I.A.NO.V IN O.S.NO.721/2017 ON THE FILE OF THE COURT OF THE III ADDL. CITY JUDGE AND JMFC UDUPI, VIDE ANNEX-A.
THIS PETITION COMING ON FOR PRELIMINMARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner an intending party to the injunctive suit in O.S.No.721/2017 is invoking the writ jurisdiction of this Court for assailing the order dated 20.10.2018, a copy whereof is at Annexure-A, whereby the learned III Addl. Civil Judge, Udupi, has rejected his application in I.A. V filed under Order I Rule 10 r/w Sec.151 of CPC, 1908 and thereby blocked his entry to the array of parties. After service of notice, the respondents having entered appearance through their counsel resist the writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as petitioner by no stretch of imagination can be held to be either a necessary party or a proper party for adjudication of the lis in the suit going by the parameters fixed by the Apex Court in RAZIYA BEGUM vs. SAHEBZAD ANWAR BEGUM, AIR 1958 SC 886. Although the trial Court in so many words has not referred to these parameters, a bare reading of the order makes it clear that these parameters have been the inarticulate legal premise.
In the above circumstances, this writ petition being thoroughly devoid of merits, is dismissed.
The observations made herein above or in the impugned order shall not in any way influence the decision making in W.P.No.26858/2016 pending on the file of this Court.
No costs.
Sd/- JUDGE Snb/