IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.25030/2019 (GM-CPC) BETWEEN SRI.B.M.SHIVA KUMAR, S/O LATE B.V.MALLESHAPPA, AGED ABOUT 59 YEARS, OCC: TIMBER MERCHANT, R/O RUSSIAN COLONY, KARGAL TOWN, SAGARA TALUK, SHIVAMOGGA DISTRICT – 577 521. … PETITIONER (BY SRI.N.S.BHAT, ADVOCATE FOR SRI.R.B.DESHPANDE, FOR PETITIONER) AND 1. SRI.B.M.RAVI KUMAR, S/O LATE B.V.MALLESHAPPA, AGED ABOUT 56 YEARS, R/O DOOR NO.4930/39 AND 4931/40, 3RD MAIN, S.S. LAYOUT, ‘B’ BLOCK, NEAR LITTLE CHAMPS SCHOOL, DAVANAGERE – 577 001.
2. SMT.B.M.TRIVENI, W/O PRABHU PRASAD, AGED ABOUT 51 YEARS, R/O BASAVESHWARA BADAVANE, NEAR OLD TALUK OFFICE, SHAHAPUR, YADAGIRI DISTRICT – 585 223.
3. SRIRAM TRANSPORT FINANCE COMPANY LTD., GULBARGA DIVISION, REPRESENTED BY ITS P.A. HOLDER, SRI.G.R.HANUMANTHAPPA, S/O S.G.RAJAPPA, AGED ABOUT 31 YEARS, OCC: PRODUCT EXECUTIVE, SRIRAM TRANSPORT FINANCE CO. LTD., P.B. ROAD, DAVANAGERE – 577 001. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD:18.4.2019 ON IA NO.5 UNDER ORDER 1 RULE 10(2) R/W SECTION 151 CPC IN O.S.NO.209/2018 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, DAVANAGERE AS PER ANNEXURE-F AND CONSEQUENTLY TO DISMISS IA NO.5 FILED BY THE R-3 IN O.S.NO.209/2018 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the plaintiff in a partition suit in O.S.No.209/2018 is invoking the writ jurisdiction of this court for assailing the order dated 18.04.2019 whereby, the learned Principal Senior Civil Judge, Davanagere, having favoured the application in I.A.No.5 filed under Order 1 Rule 10(2) read with Section 151 of CPC, 1908, has permitted the 3rd respondent herein to come on record as and to be the 3rd defendant to the suit.
2. Having heard the learned counsel for the petitioner and having perused the Petition Papers, this court declines to interfere in the matter inasmuch as:
(i) admittedly, the 3rd respondent who is now impleaded as 3rd defendant, is the mortgagee of the suit property and thus, it has a subsisting and vested interest therein; ordinarily, a person having vested interest is a proper party to the lis if not a necessary party since he is entitled to have his say over the stand taken by the parties to the partition suit, lest he should suffer some adverse observation in absentia;
(ii) this apart, regardless of the arguments and legality of the impugned order, nothing is placed before court to show how the petitioner is aggrieved by this impleadment.
In the above circumstances, the Writ Petition being devoid of merits, stand disposed off without granting indulgence, all contentions of the parties being kept open.
Sd/- JUDGE cbc