The High Court
Case Details
- 1 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.13779/2020 (GM-CPC) C/W WRIT PETITION NO.13787/2020 (GM-CPC) WRIT PETITION NO.13814/2020 (GM-CPC) Digitally signed by RUPA V Location: High Court of karnataka IN W.P. No.13779/2020: BETWEEN: 1. SMT. KANTHAMMA W/O LATE BYYANNA AGED 49 YEARS R/AT NO.51, 2ND CROSS 2ND MAIN, HOSAHALLI VIJAYANAGAR, BANGALORE-560 040. 2. SMT. HAMSA VENI .B W/O MR. HARISH GOWDA D/O LATE BYYANNA AGED 30 YEARS R/AT NO.21/3, 4TH CROSS 2ND MAIN, HOSAHALLI VIJAYANAGAR, BANGALORE-560 040. 3. SMT. HEMA RANI .B W/O MR. MANJUNATHA D/O LATE BYYANNA AGED 26 YEARS R/AT NO.236/2 MANJUSHREE NILAYA PIPELINE ROAD, SUNKADAKATTE BANGALORE-560 091. 4. MISS. UDAYA CHANDRIKA .B D/O LATE BYYANNA AGED 23 YEARS - 2 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR …PETITIONERS R/AT NO.51, 2ND CROSS 2ND MAIN, HOSAHALLI VIJAYANAGAR, BANGALORE-560 040.
Legal Reasoning
(BY SRI. SRINIVAS N, ADV.,) AND: 1. SRI. K.N. INGALAGI S/O NINGAPPA AGED 61 YEARS R/AT NO.941, 7TH MAIN ROAD NEW KANTHARAJ URS ROAD KUVEMPUNAGAR, MYSORE-23. 2. SRI. BYYANNA AGED ABOUT 70 YEARS S/O LATE MUNIYAPPA. SINCE DEAD BY HIS LR. 2(a) B. YOGEESH S/O LATE BYYANNA, MAJOR RESIDING AT NO.51, 2ND CROSS 2ND MAIN, HOSAHALLI VIJAYANAGAR, BANGALORE-560040. 3. 4. SMT. BYYAMMA W/O SRI. BYYANNA AGED ABOUT 62 YEARS RESIDING AT NO.51 2ND CROSS, 2ND MAIN HOSAHALLI, VIJAYANAGAR BANGALORE -560040. SRI. N.S. NARASEGOWDA S/O SIDDEGOWDA AGED 62 YEARS R/AT NO.713, 8TH MAIN ROAD 1ST STAGE, 3RD BLOCK BASAVESHWARANAGAR BANGALORE-560 079. - 3 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR 5. 6. JAWAR CO-OPERATIVE HOUSING SOCIETY LTD, NO.13, LINK ROAD SHESHADRIPURAM BANGALORE-560 020 REP. BY ITS SECRETARY/PRESIDENT. THE BANGALORE DIST. AND BANGALORE RURAL DIST. CO-OP CENTRAL BANK LTD H.O.NO.6, LAKSHMISADANA 5TH MAIN ROAD, BANGLAORE - 560018 REP. BY - MANAGING DIRECTOR. …RESPONDENTS (BY SRI. CHETHEN B.R. ADV., FOR SRI. N. SHIVAKUMAR, ADV., FOR R6 SRI. BAIJU STEPHEN, ADV., FOR SRI. K. SUNDARAM, ADV., FOR R1 R2 AND R3 ARE SERVED AND UNREPRESENTED V/O/DTD:18.06.2025 NOTICE TO R4 AND R5 ARE D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER PROPER WRIT OR DIRECTION QUASHING THE ORDER DTD.3.2.2020 BY HONBLE COURT OF XIII ADDL CITY CIVIL JUDGE, MAYO HALL UNIT, BANGALORE IN O.S.NO.15342/2004 ON IA NO.12 UNDER ORDER 1, RULE 20 OF THE CIVIL PROCEDURE, CODE VIDE ANNEXURE-E. ALLOW ANNEXURE-C THEREBY ALLOWING THE PETITIONERS APPLICATION FILED UNDER ORDER 1 RULE 10(2) OF CIVIL PROCEDURE CODE PERMITTING THEM TO COME ON RECORD AS DEFENDANT NO.6 TO 9 AS PRAYED IN THE APPLICATION & ETC. IN W.P. NO.13787/2020: BETWEEN: 1. SMT. KANTHAMMA W/O LATE BYYANNA AGED ABOUT 49 YEARS RESIDING AT NO.51, 2ND CROSS 2ND MAIN, HOSAHALLI VIJAYANAGAR, BANGALORE 560040. - 4 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR 2. 3. 4. SMT. HAMSA VENI .B W/O MR. HARISH GOWDA D/O LATE BYYANNA AGED ABOUT 30 YEARS RESIDING AT NO.21/3, 4TH CROSS 2ND MAIN, HOSAHALLI, VIJAYANAGAR BANGALORE 560040. SMT. HEMA RANI .B W/O MR. MANJUNATHA D/O LATE BYYANNA AGED ABOUT 26 YEARS RESIDING AT NO 236/2 MANJUSHREE NILAYA, PIPELINE ROAD SUNKADAKATTE, BANGALORE 560091. MISS. UDAYA CHANDRIKA .B D/O LATE BYYANNA AGED ABOUT 23 YEARS RESIDING AT NO.51, 2ND CROSS 2ND MAIN, HOSAHALLI, VIJAYANAGAR BANGALORE 560040. (BY SRI. SRINIVAS N, ADV.,) AND: 1. 2. SRI. T.M. RAMEGOWDA S/O SRI. MUNISONNAPPA AGED ABOUT 48 YEARS RESIDING AT NO.325, 2ND F CROSS 3RD BLOCK, 3RD STAGE BASAVESHWARANAGAR BANGALORE 560079. SRI. BYYANNA AGED ABOUT 70 YEARS S/O LATE MUNIYAPPA SINCE DEAD BY HIS LR. 2(a) B. YOGEESH S/O LATE BYYANNA, MAJOR. ...PETITIONERS - 5 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR 3. SMT. BYYAMMA AGED ABOUT 62 YEARS W/O SRI. BYYANNA. 4. 5. 6. BOTH ARE R/AT. NO.51, 2ND CROSS 2ND MAIN, HOSAHALLI VIJAYANAGAR, BANGALORE-560040. SRI. N.S. NARASEGOWDA S/O SIDDEGOWDA AGED ABOUT 62 YEARS RESIDING AT NO.713, 8TH MAIN ROAD 1ST STAGE, 3RD BLOCK BASAVESHWARANAGAR BANGALORE 560079. JAWAR CO-OPERATIVE HOUSING SOCIETY LTD NO.13, LINK ROAD, SHESHADRIPURAM BANGALORE 560020 REP. BY ITS SECRETARY/PRESIDENT. THE BANGALORE DIST. AND BANGALORE RURAL DIST. CO-OP CENTRAL BANK LTD., H.O.NO.6 LAKSHMISADANA, 5TH MAIN ROAD BANGALORE-560018 REP. BY MANAGING DIRECTOR. (BY SRI. CHETHAN B.R. ADV., FOR SRI. N. SHIVAKUMAR, ADV., FOR R6 R2 & R3 ARE SERVED AND UNREPRESENTED V/O/DTD:18.06.2025 NOTICE TO R4 & R5 ARE D/W) ...RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER PROPER WRIT OR DIRECTION QUASHING THE ORDER DTD.3.2.2020 BY HONBLE COURT OF XIII ADDL CITY CIVIL JUDGE, MAYOHAL UNIT, BANGALORE IN O.S.NO.15341/2004, ON IA NO.12 UNDER ORDER 1, RULE 20 OF CIVIL PROCEDURE CODE VIDE ANNEXURE-E. ALLOW ANNEXURE- C THEREBY ALLOWING THE PETITIONERS APPLICATION FILED UNDER ORDER 1 RULE 10(2) OF CIVIL PROCEDURE CODE PERMITTING THEM TO COME ON RECORD AS DEFENDANT NO.6 TO 9 AS PRAYED IN THE APPLICATION & ETC. - 6 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR IN W.P. NO.13814/2020: BETWEEN: 1. 2. 3. 4. SMT. KANTHAMMA W/O LATE BYYANNA AGED ABOUT 49 YEARS RESIDING AT NO.514, 2ND CROSS 2ND MAIN, HOSAHALLI VIJAYANAGAR, BANGALORE-560 040. SMT. HAMSA VENI .B W/O MR. HARISH GOWDA D/O LATE BYYANNA AGED ABOUT 30 YEARS RESIDING AT NO.21/3, 4TH CROSS 2ND MAIN HOSAHALLI VIJAYANGARA, BANGALORE-560 040. SMT. HEMA RANI .B W/O MR. MANJUNATHA D/O LATE BYYANNA AGED ABOUT 26 YEARS RESIDING AT NO.236/2 MANJUSHREE NILAYA PIPELINE ROAD, SUNKADAKATTE BANGALORE-560 091. MISS. UDAYA CHANDRIKA .B D/O LATE BYYANNA AGED ABOUT 23 YEARS RESIDING AT NO.51, 2ND CROSS 2ND MAIN, HOSAHALLI VIJAYANAGAR, BANGALORE-560 040. (BY SRI. SRINIVAS N, ADV.,) AND: 1. SMT. NANJAMMA W/O LATE R. MALLAPPA AGED ABOUT 83 YEARS. ...PETITIONERS - 7 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR 2. 3. 4. 5. 6. 7. 8. M. SHIVANNA S/O LATE R. MALLAPPA AGED ABOUT 62 YEARS. SMT. GOWRAMMA W/O B.N. JAYANNA AGED ABOUT 57 YEARS. M. RAJASHEKAR S/O LATE R. MALLAPPA AGED ABOUT 44 YEARS. M. RENUKA PRASAD S/O LATE R. MALLAPPA AGED ABOUT 42 YEARS. R1 TO R5 ALL ARE R/AT NO.94 KSRTC LAYOUT, CHIKKALLASANDRA SUBRAMANYAPURA POST BANGALORE-560 061. B. YOGESH S/O LATE BYYANNA AGED MAJOR RESIDING AT NO.51, 2ND CROSS 2ND MAIN, HOSAHALLI VIJAYANAGAR, BANGALORE-560 043. SMT. BYYAMMA W/O BYYANNA .M AGED ABOUT 77 YEARS RESIDING AT NO.7, 2ND CROSS HOSAHALLI, VIJAYNAGARA BANGALORE-560 040. SRI. N.S. NARASEGOWDA S/O SIDDEGOWDA AGED ABOUT 62 YEARS RESIDING AT NO.713, 8TH MAIN ROAD, 1ST STAGE, 3RD BLOCK BASAVESHWARANAGAR BANGALORE-560 079. 9. JAWAR CO-OPERATIVE HOUSING SOCIETY LTD NO.13, LINK ROAD - 8 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR SHESHADRIPURAM BANGALORE-560 020 REP. BY ITS SECRETARY/PRESIDENT. 10. THE BANGALORE DISTRICT AND BANGALORE RURAL DISTRICT CO-OPERATIVE CENTRAL BANK LTD H O NO.6, LAKSHMISADANA 5TH MAIN ROAD, BANGALORE-560 018 REP BY ITS MANAGING DIRECTOR. ...RESPONDENTS (BY SRI. CHETHEN B.R. ADV., FOR SRI. N. SHIVAKUMAR, ADV., FOR R10 SRI. BAIJU STEPHEN, ADV., FOR SRI. K. SUNDARAM, ADV., FOR R1 TO R5 R6 AND R7 ARE SERVED AND UNREPRESENTED V/O/DTD: 18.06.2025 NOTICE TO R8 & R9 ARE D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER PROPER WRIT OR DIRECTION QUASHING THE ORDER DATED 03/02/2020 BY THE HONBLE COURT OF XIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE, IN O.S. NO.15344/2004, ON I.A NO.12 UNDER ORDER 1, RULE 10(2) OF CIVIL PROCEDURE CODE, VIDE ANNEXURE E. ALLOW ANNEXURE C THEREBY ALLOWING THE PETITIONERS APPLICATION FILED UNDER ORDER 1, RULE 10(2) OF CIVIL PROCEDURE CODE PERMITTING THEM TO COME ON RECORD AS DEFENDANT NO.6 TO 9 AS PRAYED IN THE APPLICATION & ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 9 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR COMMON ORAL ORDER W.P.No.13779/2020, is filed seeking for the following reliefs: a) Issue a writ of certiorari or any other proper writ or direction, quashing the order dated 03.02.2020 by Hon'ble Court of XIII Addl. City Civil Judge, Mayohall Unit, Bangalore, in O.S.No.15342/2004, on I.A.No.12 under Order 1, Rule 20 of Civil Procedure Code, vide Annexure-'E'. b) Allow Annexure-'C' thereby allowing the petitioners application filed under Order 1, Rule 10(2) of Civil Procedure Code permitting them to come on record as Defendant No.6 to 9, as prayed in the application. W.P.No.13787/2020 is filed seeking for the following reliefs: a) Issue a writ of certiorari or any other proper writ or direction, quashing the order dated 03.02.2020 by Hon'ble Court of XIII Addl. City Civil Judge, Mayohall Unit, Bangalore, in O.S.No.15341/2004, on I.A.No.12 under Order 1, Rule 20 of Civil Procedure Code, vide Annexure-'E'. b) Allow Annexure-'C' thereby allowing the petitioners application filed under Order 1, Rule 10(2) of Civil Procedure Code permitting them to come on record as Defendant No.6 to 9, as prayed in the application. - 10 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR W.P.No.13814/2020 is filed seeking for the following reliefs: a) Issue a writ of certiorari or any other proper writ or direction, quashing the order dated 03.02.2020 by Hon'ble Court of XIII Addl. City Civil Judge, Mayohall Unit, Bangalore, in O.S.No.15344/2004, on I.A.No.12 under Order 1, Rule 10(2) of Civil Procedure Code, vide Annexure-E b) Allow Annexure-'C' thereby allowing the petitioners application filed under Order 1, Rule 10(2) of Civil Procedure Code permitting them to come on record as Defendant No.6 to 9, as prayed in the application. 2. In all the aforesaid writ petitions, common question arises as to whether the petitioners are necessary and proper parties to the suit filed by the respondent No.1. Hence, all the petitions are clubbed together, heard together and a common order is passed. 3. Learned counsel for the petitioners submits that the petitioners filed an application for impleadment in a suit filed by the respondent No.1 on the ground that they are the second wife and children of respondent No.2-defendant No.1 Sri.Byyanna. It is submitted that the respondent No.1 without - 11 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR making all the family members as parties, filed a suit against Sri.Byyanna who is the husband and the father of the applicants and after the death of said Sri.Byyanna, his son Yogeesh was brought on record without arraying the proposed applicants as parties to the proceedings. Hence, an application for impleadment under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908, was filed. However, the Trial Court has come to the conclusion that the application was filed belatedly and proceeded to reject the application. It is submitted that the petitioners did not have the knowledge of the filing of the suit and during the pendency of the said proceedings, filed an application under Order I Rule 10(2) read with Section 151 of the CPC which is permissible. Hence, he seeks to allow the petition. 4. Per contra, Sri.Baiju Stephen, learned counsel appearing for the respondent No.1 supports the impugned orders and submits that the filing of such an application claiming to be the second wife and children of Sri.Byyanna is without any basis and such application is filed after 15 years of - 12 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR filing of the suit. Hence, the Trial Court has rightly rejected the same. 5. Sri.Chetan B.R., learned counsel appearing for the respondent No.6 also supports the impugned order of the Trial Court and submits that the Bank has the charge over the property. Hence, he seeks to pass an appropriate order. 6. I have heard the arguments of the learned counsel for the petitioners, learned counsel for the respondent No.1, learned counsel for the respondent No.6 and perused the material available on record. I have given my anxious consideration to the arguments advanced by both the sides. 7. The respondent No.1/original plaintiff claiming to be the purchaser of the sites from defendant Nos.1 and 2, filed a suit for the relief of judgment and decree of declaration that he is owner of the suit schedule property and permanent injunction against the defendants. The said suit was defended by the defendants. During the pendency of the said suit, the petitioners have filed an application under Order I Rule 10(2) read with Section 151 of the CPC seeking to implead them. - 13 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR The affidavit accompanying the said application indicates that the petitioner No.1 claimed that she is the second wife of Sri.Byyanna-the original defendant No.1 and the petitioner Nos.2 to 4 claimed that they are the children of Sri.Byyanna. The said application was filed after 10 years of death of defendant No.1 and after 15 years of commencement of the proceedings. The petitioners have made an assertion that they are the second wife and children of late Byyanna. However, the said fact is required to be gone into by due enquiry as provided under Order XXII Rule 4 of the CPC when specifically the respondent No.1 has denied the relationship. The Trial Court, considering the said aspect has rightly come to conclusion that after a delay of 10 years, such an application is filed and the wife and son of Sri.Byyanna are already representing the proceedings. I do not find any error in the order of the Trial Court in rejecting such an application. The plaintiff has specifically denied that the applicants are the wife and children of late Byyanna. The said issue cannot be gone into the suit filed by the respondent No.1 and it is always open for the petitioners to avail other remedies available on record and seek appropriate remedy in accordance with law. - 14 - NC: 2025:KHC:24531 W.P. No.13779/2020 C/W W.P. No.13787/2020 W.P. No.13814/2020 HC-KAR 8. For the aforementioned reasons, I proceed to pass the following:
Decision
ORDER The writ petitions are devoid of merit and are accordingly dismissed. 9. In view of the disposal of the writ petitions, the pending applications do not survive for consideration and are accordingly, disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 44