Karnataka High Court
WP/40746/2017 of SRI. B. K. SUNDARA RAJAN Vs NANDINI on 30 September 2026
CNR: KAHC010101252017 NC: 2026:KHC:54379 WP No. 40746 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 40746 OF 2017 (GM-CPC) BETWEEN: SRI. B. K. SUNDARA RAJAN S/O LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 40746 OF 2017 (GM-CPC)
BETWEEN:
SRI. B. K. SUNDARA RAJAN
S/O LATE SWAMY,
AGED ABOUT 72 YEARS,
RESIDING AT NO.113,
4TH MAIN ROAD, CHAMARAJPET,
BENGALURU - 560 018.
…PETITIONER
(BY SRI. B.K. SUNDARA RAJAN, PARTY IN PERSON)
AND:
1.
NANDINI
D/O RAMESH & SRIDEVI,
AGED ABOUT 45 YEARS,
RESIDING AT NO.113,
4TH MAIN ROAD, CHAMARAJPET,
BENGALURU - 560 018.
2.
NAMITHA
D/O RAMESH & SRIDEVI,
AGED ABOUT 42 YEARS,
3.
JAYASHREE
D/O RAMESH & SRIDEVI,
AGED ABOUT 40 YEARS,
Digitally
signed by
ANNAPURNA
G
Location:
High Court of
Karnataka
HC-KAR
4.
SRIKANTH
D/O RAMESH & SRIDEVI,
AGED ABOUT 38 YEARS,
2 TO 4 ARE RESIDING AT
NO. 113 & NO.113/1, 4TH MAIN ROAD,
CHAMARAJPET, BANGALORE - 18.
5.
ETHIRAJ
S/O VENKATARATHNA M. NAIDU,
AGED ABOUT 71 YEARS,
R/AT NO.112, IST MAIN, 1ST CROSS,
KEMPEGOWDANAGAR,
BANGALORE - 19.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA BY PETITIONER-IN-PERSON PRAYING
TO SET ASIDE THE ORDER DTD. 8.2.2016 IN I.A.NO.1 FILED
UNDER ORDER 1 RULE 10 CPC IN FDP NO.150/2013 BY I ADDL.
CITY CIVIL COURT, BANGALORE. ALLOW THE IMPLEADING
APPLICATION FILED U/O 1 RULE 10 CPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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ORAL ORDER
The present writ petition is filed by the petitioner, who is appearing as a party-in-person, assailing the order passed by the Final Decree Court in FDP No.150/2013, whereby his application seeking leave to come on record has been rejected.
HC-KAR
2. The petitioner/party-in-person had filed an application before the Final Decree Court seeking leave to come on record on the premise that he had entered into an agreement of sale dated 08.07.2013 in respect of the subject property.
3. The Final Decree Court, while considering the said application, has taken note of the fact that the present petitioner was also a party to the regular first appeal before this Court in RFA No.1217/2011, wherein he was arrayed as respondent No.3. The claim put forth by the present petitioner was considered and negatived by this Court. The Final Decree Court has further taken note of the fact that a similar application had earlier been filed by the petitioner in O.S. No.54/2002, which also came to be rejected.
4. Be that as it may, an agreement holder does not, merely by virtue of the agreement of sale, acquire a right to be impleaded as a necessary party to the final decree proceedings. More importantly, the status of the proceedings placed before this Court indicates that the final decree proceedings themselves have already been concluded. In that view of the matter, the order passed by the Final Decree Court rejecting
HC-KAR
the petitioner’s application seeking to come on record on the basis of the alleged agreement of sale does not suffer from any illegality or infirmity warranting interference in exercise of the writ jurisdiction of this Court.
The writ petition, being devoid of merit, is accordingly dismissed.
Pending interlocutory applications, if any, do not survive for consideration and stand disposed of accordingly.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
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