IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.24523/2015 (GM-CPC) BETWEEN:
DR. B. R. AMBEDKAR YUVAKARA SANGHA ®, SIDDARTHNAGAR (ADINARAYANA COLONY) SUBRAMANYAPURA, NEAR KEB UTTARAHALLI HOBLI BANGALORE-560 061 REP. BY ITS PRESIDENT SRI BASAVARAJU S/O LATE MUNIMARAPPA AGED ABOUT 55 YEARS (BY SRI. M.M. SWAMY, ADVOCATE) AND:
SRI M.L. SHANKAR S/O LATE M. S. LINGEGOWDA AGED ABOUT 85 YEARS R/AT SHARDA NIVAS VASANTHAPURA SUBRAMANYAPURA POST BANGALORE-560 061.
...PETITIONER ...RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED ON APPLICATION UNDER ORDER 1 RULE 10(2) OF CPC IN O.S.NO. 7091/1993 BY THE XVI ADDL. CIVIL JUDGE & SESSIONS JUDGE, BANGALORE CITY DATED 18.03.2015 VIDE ANNEXURE-M.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.M.M.Swamy, learned counsel appearing for petitioner. Perused the records.
2. Petitioner is an association sought to get itself impleaded in the suit O.S.No.7091/1993 filed by respondent herein, whereunder he has sought for a declaration to declare that he is the absolute owner of suit property and other consequential reliefs.
3. Trial Court after considering the rival contentions and on perusal of impleading application as well as affidavit supporting said application has rightly held that association does not have any right to come on record merely because its members are in possession and enjoyment of portions of suit property. Said order does not suffer from any infirmity calling for interference. Hence, petition stands dismissed for devoid of merits. However, order dismissing the application by trial Court or its confirmation by this Court would not come in the way of individual members, who are said to be in alleged possession of portions of suit property, filing necessary application to get themselves impleaded. In the event of such applications being filed, jurisdictional Court shall consider the same on merits and in accordance with law and necessarily after extending opportunities to the respondent to file objections.
SD/- JUDGE DR