IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.32423 OF 2017 (GM-CPC) BETWEEN:
1. SMT. NAVEEN ANJUM, W/O MIR AMEENULLA KHURAISHI, AGED ABOUT 65 YEARS, 2. MEER PARVEEZ KHURESHI, S/O LATE MIR AMENULLA KHURAISHI, AGED ABOUT 39 YEARS, BOTH PETITIONERS NO.1 & 2 ARE RESIDING AT NO.547, TANK ROAD, 10TH CROSS, N.R.MOHALLA, MYSURU CITY, MYSURU DISTRICT, PIN-570 005. ... PETITIONERS (BY SRI. LOURDU MARIYAPPA A, ADVOCATE) AND:
1. SRI. L.V.RAJESH, S/O LATE L.P.VISHWANATHA RAO, AGEDA BOUT 38 YEARS, R/AT DOOR NO.9, 18TH CROSS, PAMPATHI ROAD, JAYANAGAR, MYSURU CITY, PIN-570 005, MYSURU DISTRICT.
2. THE COMMISSIONER, MYSURU CITY CORPORATION, MYSURU, PIN-570 005.
3. THE PRESIDENT, INDUSTRIALIST, TENANTS AND OCCUPANTS ASSOCIATION (R), NEW SAYYAJI RAO ROAD, MYSURU, PIN-570 005. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.278/2013, ON THE FILE OF HON'BLE IV ADDITIONAL I CIVIL JUDGE AND JMFC AT MYSURU, MYSURU DISTRICT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the intending parties to an injunctive suit in O.S.No.278/2013 are knocking at the doors of writ court for assailing the order dated 27.03.2017, a copy whereof is at Annexure – H whereby the learned IV Addl. I Civil Judge, Mysuru, has rejected the application for their impleadment as defendants to the said suit.
2. Having heard the learned counsel for the petitioners and having perused the Petition Papers, this court is of the considered opinion that the impugned order cannot be faltered inasmuch as the petitioners are neither necessary parties nor proper parties to the adjudication of the lis, going by the parameters laid down by the Apex Court in the Case of Razia Begum Vs. Sahebzadi Anwar Begum & Others, AIR 1958 SC 886.
However, it is open to the petitioners to seek redressal of his grievances, if any by filing an appropriate suit, if they so desire.
Accordingly, the Writ Petition is rejected in limine.
Sd/- JUDGE cbc