IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.29305/2019 (GM-CPC) BETWEEN:
SRI. S. N. BHASKAR S/O. SRI. S. N. NARASAPPA AGED ABOUT 60 YEARS R/AT NO. 27, 1/2, 10TH CROSS K.B. TEMPLE STREET 6TH BLOCK, RAJAJINAGAR BENGALURU-560 010 REPRESENTED BY ITS GPA HOLDER SMT. MEENA BHASKAR W/O. S. N. BHASKAR AGED ABOUT 45 YEARS R/AT NO. 27, 1/2 10TH CROSS, K.B. TEMPLE STREET 6TH BLOCK, RAJAJINAGAR BENGALURU-560 010 … PETITIONER (BY SRI BALAKRISHNA M.R., ADVOCATE) AND:
1. SRI. K. N. JAYAPRAKASH S/O. LATE SRI. K. NARAYANA SETTY AGED ABOUT 55 YEARS R/AT NO. 61/A RAMAIYENGAR ROAD V.V. PURAM BENGALURU-560 004 2. K. P. SRIKANTH S/O. SRI. K. N. PANDURANGA SETTY AGED ABOUT 38 YEARS R/AT NO. 299/5 6TH CROSS, 10TH MAIN ROAD JAYANAGARA 1ST BLOCK BENGALURU-560 011 3. SRI. K. NARAYANA SETTY RAMARATHNAMMA TRUST AN UNREGISTERED TRUST HAVING ITS OFFICE AT NO. 220 MIDDLE SCHOOL ROAD V.V. PURAM BENGALURU-560 004 PRESENTLY AT NO.229/5 6TH CROSS, 10TH MAIN ROAD JAYANAGAR 1ST BLOCK BENGALURU-560 011 REPRESENTED BY ITS MANAGING TRUSTEE K.N. JAYAPRAKASH THE 2ND RESPONDENT/ 2ND PLAINTIFF 4. MAHESH KUMAR S/O. CHICKIAH AGED ABOUT 40 YEARS R/AT NO. 170, 3RD CROSS 1ST MAIN, PALACE ORCHARDS SADASHIVANAGAR BENGALURU-560 018 5. A. DEEPAK PRABHU S/O. T. J. PRABHAKAR AGED ABOUT 35 YEARS R/AT NO. 13/298 SHRADDANANDA BHAVAN ROAD V.V. PURAM, BENGALURU-560 004 6. SMT. C. SHARADA AGED ABOUT 43 YEARS R/AT NO.170 3RD CROSS, 1ST MAIN PALACE ORCHARDS SADASHIVANAGAR BENGALURU-560 018 7. SRI. K. NARAYANA SETTY RAMARATHNAMMA TRUST (REGISTERED) NO. 170 3RD CROSS 1ST MAIN ROAD PALACE ORCHARDS SADASHIVANAGAR BENGALURU-560 018 REPRESENTED BY 4TH RESPONDENT/ 1ST DEFENDANT MAHESH KUMAR 8. SRI. B. L. BABU S/O. SRI. BALARAJU AGED ABOUT 46 YEARS R/AT NO. 28/1, 1ST MAIN ROAD 8TH CROSS, VALMIKI NAGAR MYSORE ROAD BENGALURU-560 026 9. SRI. R. GOVINDARAJU S/O. LATE K. RAJAPPA AGED ABOUT 52 YEARS R/AT NO. 79/1, 1ST FLOOR 1ST "A" MAIN ROAD 6TH CROSS, AECS LAYOUT RMV 2ND STAGE BENGALURU-560 094 10. MR. SYED MOINUDDIN S/O. MR. SYED SANAULLA AGED ABOUT 39 YEARS R/AT NO. 8, 8TH CROSS 1ST MAIN RAOD AZAD NAGAR BENGALURU-560 018 11. R. SYED S/O. SRI. SYED ZAKAULLA AGED ABOUT 34 YEARS R/AT NO. 206 BABANNA REDDY LANE 6TH CROSS, AIRPORT ROAD HAL, BENGALURU 12. MR. SYED WAJEED PASHA S/O. MR.SYED YOUSUFF AGED ABOUT 36 YEARS R/AT NO.3, 3RD CROSS OPP. SEANT PETER AND PAUL’S GOURI PALYA BENGALURU-560 018 … RESPONDENTS (BY SRI H.V. DEVARAJU, ADVOCATE FOR C/R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD:01.06.2019 PASSED BY THE XXIV ADDL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU REJECTING THE IA NO.24/2019 FILED BY THE PETITIONER IN O.S.NO.3556/2005 AS PER ANEXURE-A AND ALLOW THE IA NO.24/2019 FILED UNDER ORDER 1 RULE 3 OF THE CODE OF CIVIL PROCEDURE AS PER ANNEXURE-D AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER It is a settled legal position vide decisions of Apex Court in view of Section 54 of the Transfer of Property Act, 1882 that an agreement to sell an immovable property per se, does not create any vested interest in the property. Therefore, an agreement holder is neither a necessary party nor a proper party for seeking his impleadment, especially when he can maintain a separate suit founded on the said agreement.
Therefore, the writ petition is disposed off without granting indulgence, all contentions being kept open.
Sd/- JUDGE KTY