IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.6873/2019(KLR-RES) BETWEEN SRI H P SURYANARAYANACHARI S/O LATE PRASANNA CHARI DEAD BY LRS 1(a) SMT SUGUNAMBA W/O LATE H P SURYANARAYANA CHARI AGED ABOUT 52 YEARS 1(b) H S MANJU S/O LATE H P SURYANARAYANA CHARI AGED ABOUT 36 YEARS 1(c) H S SOMU S/O LATE H P SURYANARAYANA CHARI AGED ABOUT 32 YEARS ALL ARE R/O NO.179/2, HOODI VILLAGE, GRAPHITE INDIA ROAD, BEHIND KAMATH HOTEL BANGALORE – 560048 ... PETITIONERS (BY SRI NATARAJU T, ADVOCATE) AND 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE ASST. COMMISSIONER BENGALURU NORTH BENGALURU - 560009 3. THE SPECIAL TAHASILDAR BENGALURU EAST TALUK K R PURAM BENGALURU - 560036 4. H M RAMACHADRA SHETTY S/O LATE R MUNISWAMY SHETTY AGED ABOUT 65 YEARS 5. H M ADI NARAYANA SEHTTY S/O LATE R MUNISWAMY SHETTY AGED ABOUT 55 YEARS 6. H M THYAGARAJA SHETTY S/O LATE R MUNISWAMY SHETTY AGED ABOUT 52 YEARS 7. SMT RENUKAMMA W/O LATE LAKSHMINARAYANA SHETTY AGED ABOUT 54 YEARS 8. H L MANJUNATHA S/O LATE LAKSHMINARAYANA SHETTY AGED ABOUT 34 YEARS 9. H L SHASHI KUMAR S/O LATE LAKSHMINARAYANA SHETTY AGED ABOUT 32 YEARS 10. H L RAJESH S/O LATE LAKSHMINARAYANA SHETTY AGED ABOUT 29 YEARS 11. H L SHILPA D/O LATE LAKSHMINARAYANA SHETTY AGED ABOUT 27 YEARS ALL ARE RESIDING AT HOODI VILLAGE BEHING BAGANI, VINAYAKA LAYOUT MAHADEVAPURA POST BANGALORE - 560048 12. SMT BAYAMMA W/O VENKATAIAH AGED ABOUT 70 YEARS 13. SMT KRISHNAMMA W/O KRISHNAPPA AGED ABOUT 68 YEARS 14. SMT SAVITRAMMA W/O MUNIVENKATAPPA AGED ABOUT 65 YEARS RESPONDENTS 12 TO 14 ARE R/O HARSHA NILAYA, 1ST MAIN ROAD, 2ND CROSS, HOODI VILLGE K R PURAM HOBLI, BANGALORE EAST TALUK BANGALORE REPRESENTED BY ITS REGISTERED G P A HOLDER SMT ROOPA H ... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 17.01.2019 IN R.A.(BE) 124/2014-15 ON APPLICATION UNDER ORDER 1 RULE 10 OF C.P.C. PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-K AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Additional Government Advocate is directed to take notice for respondents 1 to 3 and he is permitted to file memo of appearance within two weeks from today.
2. Petitioners herein are challenging the order dated 17.1.2019 passed in RA (BE) No.124/2014-15 on an application filed under Order 1 Rule 10 of CPC by the 2nd respondent.
3. Admittedly, respondent Nos.12 to 14 herein are the impleading applicants in aforesaid said application, who are permitted to come on record. The grievance of the petitioners is that the said order dated 17.1.2019 is passed without giving an opportunity to them to file statement of objections to the said application. Therefore, this Court would set-aside the order dated 17.01.2019 in allowing the application filed to implead R12 to R14 in this proceedings as parties therein. Thereafter, this Court would direct the 2nd respondent to receive statement of objections from the petitioners on the application filed by respondents 12 to 14 to get themselves impleaded in the proceedings pending before him and thereafter, to pass fresh orders.
4. With the aforesaid observation, this writ petition is disposed of. The learned Additional Government Advocate to communicate this order orally to the 2nd respondent forthwith to ensure that he does not pass orders on the main matter in RA(BE).No.124/2014-15 .
Sd/- JUDGE nd/-