IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITON No.2245 OF 2016 (GM-CPC) BETWEEN:
1. Sri B. Prakash S/o late Brahmaiah Aged 60 years.
2. Sri B.Rajesh S/o late Brahmaiah Aged 48 years, Both residing at #854, 15th Main, 3rd Block, Rajajinagar, Bengaluru – 560 010. … Petitioners (By Sri M.B.Chandrachooda, Advocate ) AND 1. Smt. Vijayakumari W/o Padmaraju Aged 61 years R/o Bevinahallipalya Cross Urdigere Hobli Tumkur Taluk & District Pin – 572140.
2. Sri Kanakaraju S/o Bommannappa @ Bommanna Aged 63 years R/o Bevinahallipalya Cross Urdigere Hobli Tumkur Taluk & District Pin - 572140.
3. Sri Veeranna S/o Doddanuggaiah Aged 76 years R/o Nagojipalya Urdigere Hobli Tumakuru Taluk & District Pin – 572140.
4. Sri Rajanna S/o Thimmaiah Aged 56 years R/o Bevinahallipalya Cross Urdigere Hobli Tumakuru Taluk & District Pin – 572140.
5. Sri Sudhir S/o K Dakshinamurthy Aged 54 years.
R/o Urdigere Urdigere Hobli Tumakuru Taluk & District Pin – 572140.
6. Smt. Siddalingamma W/o Late Thirupadaiah Aged 70 years 7. Sri S.T.Lakshminarasimhaiah S/o Thimmaiah Aged 68 years 8. Sri Narasimhamurthy S/o S.T.Lakshminarasimhaiah Aged 37 years 9. Smt. Mangala W/o Rajanna @ Narasaraju Aged 33 years 10. Sri Hanumantharaya S/o late Thimmaiah Aged 47 years Respondents 6 to 10 Are residing at Singrihalli Kolala Hobli, Koratagere Taluk Tumakuru District – 572140. … Respondents (By Sri Sampath Bapat, Advocate for R1 Sri Shivarag Patil, Advocate for R7to R10 R2 to R6 are served) This writ petition is filed under Article 227 of the Constitution of India praying to quash the order dated 05.01.2016 passed on IA filed U/O 1 Rule 10(2) of CPC in O.S.No.44/2007 on the file of Principal Senior Civil Judge & CJM, Tumakuru, vide Annexure-K.
This Writ Petition coming on for Preliminary Hearing in B Group this day, the Court made the following:
ORDER The petitioners being the plaintiffs in their partition suit in O.S.No.44/2007 are invoking the writ of jurisdiction of this Court seeking to lay a challenge the order dated 05.01.2016. a copy whereof is at Annexure – K, whereby the learned Principal Senior Civil Judge, Tumkuru, has rejected their impleadment application filed under Order I Rule 10 of CPC, 1908. The contesting respondents who were sought to be impleaded, having entered appearance through their counsel resist the writ petition.
2. The learned counsel for the petitioner submits that in view of the decision of the Apex Court reported in AIR 2005 SC 2209in the case of the AMIT KUMAR SHAW AND ANOTHER Vs. FARIDA KHATOON AND ANOTHER, the buyers pendente lite can be impleaded as defendants to the suit. The learned counsel appearing for the respondents submits that these respondents in turn have sold the subject property to one Mr.Nanjundaiah vide registered sale deed dated 30.03.2016 and therefore, their impleadment would serve no purpose.
3. Having heard the learned counsel for the parties, and perused the petition papers, this Court declines to exercise the writ jurisdiction and to grant indulgence in the matter since no purpose would be served by quashing the impugned order and thereby permitting the impleadment of respondent Nos.7 to 10 to the suit when they have alienated the suit property to some other person namely Mr. Nanjundaiah.
However, it is open to the petitioners to seek impleadment of Nanjundaiah, the buyer pendente lite, in view of the decision cited supra; if such an application is made, the Court below shall consider the same positively before long.
Accordingly, the petition stands disposed off. No costs.
KTY/Bsv Sd/- JUDGE