Karnataka High Court

WP/4813/2023 of M/S. MANYATA PROMOTORS PVT. LTD., Vs SRI. V. VENKATESH on 31 August 2026

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CNR: KAHC010108102023 NC: 2026:KHC:47223 W.P. No.4813/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A . PATIL WRIT PETITION NO.4813/2023 (GM-CPC) BETWEEN: M/S. MANYATA PROMOTORS PVT. LTD., A COMPANY

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF AUGUST, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO.4813/2023 (GM-CPC)

BETWEEN:

M/S. MANYATA PROMOTORS PVT. LTD.,

A COMPANY INCORPORATED UNDER THE

COMPANIES ACT, 1956

HAVING ITS REGISTERED OFFICE

AT NO.9/1, CLASSIC COURT

RICHMOND ROAD, BANGALORE - 560025

REP BY ITS AUTHORIZED SIGNATORY

SRI. Y. SRIMUKHA.

…PETITIONER

(BY SRI. PRASHANTH K.S. ADV., FOR

SRI. RADHANANDAN B.S. ADV.,)

AND:

1.

SRI. V. VENKATESH

S/O VENKATARAMANAPPA

AGED ABOUT 33 YEARS.

2.

SMT. VENKATALAKSHMI

D/O VENKATARAMANAPPA

AGED ABOUT 35 YEARS.

3.

SRI. MUNIRAJ

S/O VENKATARAMANAPPA

AGED ABOUT 29 YEARS.

4.

SRI. GOPAL

S/O VENKATARAMANAPPA

AGED ABOUT 28 YEARS.

Digitally signed

by RUPA V

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

5.

SRI. VIJAY KUMAR

S/O VENKATARAMANAPPA

AGED ABOUT 27 YEARS.

6.

SMT. PADMAVATHI

D/O VENKATARAMANAPPA

AGED ABOUT 26 YEARS.

7.

SRI. MAHESH

S/O VENKATARAMANAPPA

AGED ABOUT 27 YEARS.

8.

SRI. RAVI

S/O VENKATARAMANAPPA

AGED ABOUT 25 YEARS.

9.

SRI. SRINIVAS

S/O VENKATARAMANAPPA

AGED ABOUT 23 YEARS.

10.

SMT. AMRUTHA

D/O VENKATARAMANAPPA

AGED ABOUT 22 YEARS.

11.

SRI. VENKATARAMANAPPA

S/O LATE HOTTEMAYANNA

AGED ABOUT 65 YEARS.

12.

SMT. THIMMAKKA

W/O LATE DODDARANGAPPA

AGED ABOUT 64 YEARS.

13.

SRI. RAVI KUMAR

S/O NANJAPPA

AGED ABOUT 46 YEARS.

14.

SRI. PRABHAKAR

S/O LATE PILLAVENKATAPPA

AGED ABOUT 31 YEARS.

HC-KAR

15.

SMT. NANJAMMA

W/O MOOGAPPA

AGED ABOUT 60 YEARS.

16.

SRI. VENKATAPPA

S/O VARADAPPA

AGED ABOUT 67 YEARS.

17.

SRI. VENKATARAMANAPPA

S/O MULAVAGILAPPA

AGED ABOUT 60 YEARS.

18.

SRI. VARADARAJ

S/O MULAVAGILAPPA

AGED ABOUT 56 YEARS.

19.

SRI. DODDANAMBIGA

S/O LATE CHIKKAMUNIYAPPA

AGED ABOUT 41 YEARS.

20.

SRI. CHIKKANAMBIGA

S/O LATE CHIKKAMUNIYAPPA

AGED ABOUT 42 YEARS.

21.

SRI. MUNIVENKATAPPA

S/O LATE CHIKKERAPPA

AGED ABOUT 64 YEARS.

22.

SRI. CHIKKANNA

S/O LATE CHIKKERAPPA

AGED ABOUT 66 YEARS.

23.

SRI. MUNIYAPPA

S/O LATE CHIKKERAPPA

AGED ABOUT 56 YEARS.

24.

SRI. KODANDI

S/O JAYARAM

AGED ABOUT 35 YEARS.

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25.

SRI. RAMESH

S/O LATE HOBALAPPA

AGED ABOUT 35 YEARS.

26.

SRI. GORRAPPA @ MUNIYA

S/O LATE DODDANANJAPPA

AGED ABOUT 65 YEARS.

27.

SRI. MUNIVENKATAPPA

S/O LATE MUNIVENKATAPPA

AGED ABOUT 70 YEARS.

28.

SRI. VENKATESH

S/O LATE MUNIVENKATAPPA

AGED ABOUT 60 YEARS.

29.

SRI. CHIKKAMUNIYAPPA

S/O LATE MUNIVENKATAPPA

AGED ABOUT 55 YEARS.

30.

SRI. D. VENKATAPPA

S/O LATE DEKAPPA

AGED ABOUT 68 YEARS.

31.

SRI. KARIVENKATAPPA

S/O LATE DEKAPPA

AGED ABOUT 60 YEARS.

32.

SRI. N. VASUDEVA

S/O LATE NARAYANAPPA

AGED ABOUT 35 YEARS.

33.

SRI. HANUMAPPA

S/O LATE CHIKKANNAPPA

AGED ABOUT 58 YEARS.

34.

SRI. SRINIVAS

S/O LATE SEETHAPPA

AGED ABOUT 26 YEARS.

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35.

SRI. VENKATESHAPPA

S/O LATE MUNIMAYANNA

AGED ABOUT 64 YEARS.

36.

SRI. RAGHAVENDRA

S/O LATE M. KRISHNAPPA

AGED ABOUT 26 YEARS.

37.

SRI. MUNIVENKATAPPA

S/O LATE MUNIMAYANNA

AGED ABOUT 56 YEARS.

38.

SRI. NAMBIYAPPA

S/O LATE MUNIMAYANNA

AGED ABOUT 48 YEARS.

39.

SRI. MUNIVENKATAPPA

S/O LATE ERAPPA

AGED ABOUT 50 YEARS.

40.

SRI. HOMBALAPPA

S/O MUNISHAMAPPA

AGED ABOUT 61 YEARS.

41.

SMT. NARAYANAMMA

W/O THIMMAIAH

AGED ABOUT 51 YEARS.

42.

SMT. THIMMAKKA

W/O DODDARANGAPPA

AGED ABOUT 64 YEARS.

43.

SMT. MUNIYAMMA

W/O MUNIYAPPA

AGED ABOUT 57 YEARS.

44.

SRI. RAMESH

S/O LATE MUNISHAMAPPA

AGED ABOUT 28 YEARS.

HC-KAR

R1 TO R44 ARE ALL

R/AT NAGAWARA VILLAGE

KASABA HOBLI

BANGALORE NORTH TALUK

BANGALORE - 560045.

45.

SRI. A.C. SRINIVAS

S/O LATE M.M. CHIKKAVENKATAIAH

AGED ABOUT 50 YEARS

R/AT CHOKKANAHALLI VILLAGE

YELAHANKA HOBLI

BANGALORE NORTH TALUK

BANGALORE - 560064.

46.

SRI. M. THANKAPANDI

S/O MUTHUSWAMY

AGED ABOUT 52 YEARS.

47.

SRI. SREEMURUGAN

S/O MUTHUSWAMY

AGED ABOUT 46 YEARS.

48.

SRI. M. MUVENTHAR

S/O MUTHUSWAMY

AGED ABOUT 43 YEARS.

R46 TO R48 ARE R/AT.

SYSTEM ALLOYS, NO.140/1, NAGAWARA

THANISANDRA MAIN ROAD

ARABIC COLLEGE POST

BANGALORE - 560045.

49.

MAHENDRA KARLE

S/O LATE L.T. KARLE

MAJOR IN AGE.

50.

SUDARSHAN KARLE

S/O LATE L.T. KARLE

MAJOR IN AGE.

HC-KAR

R49 & R50 ARE R/AT

NAGAWARA PROJECT OFFICE

NAGAWARA RING ROAD

BENGALURU - 560045.

51.

SRI. ANAND SURANA

S/O GAVERIAR CHAND SURANA

MAJOR IN AGE

R/AT NAGAWARA ARABIC COLLEGE POST

BENGALURU – 560045.

52.

SRI. SUGUNA

W/O REDDY VEERANNA

AGED ABOUT 44 YEARS

R/AT NO.140, KARTHIK, 10TH MAIN

5TH CROSS, R.M.A. EXTENSION

BANGALORE – 560080.

53.

SRI. TEJARAJ GULECHA

S/O PUKHARAJ

AGED ABOUT 56 YEARS

NO.132, SUPRIYA APARTMENT

6TH A CROSS, 9TH MAIN

R M V EXTENSION BANGALORE – 560080.

54.

SRI. KIRAN M. NAGWAR

S/O LATE G. MADHAVARAO

MAJOR IN AGE

R/AT NAGAWARA

ARABIC COLLEGE POST

BENGALURU - 560045.

55.

BANGALORE DEVELOPMENT AUTHORITY

CHOWDAIAH ROAD

BANGALORE - 560020.

…RESPONDENTS

(BY SRI. THIMMAIAH K.H. ADV., FOR R1 TO R9

R10 SERVED

V/O/DTD:13.06.2023 NOTICE TO R11 TO R55 ARE D/W)

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING

ASIDE THE ORDER DT 15.12.2022 ON I.A.NO.7 PASSED BY

THE LEARNED XVI ADDL. CITY CIVIL AND SESSIONS JUDGE

(CCH-12)

BANGALORE

CITY,

BANGALORE

IN

O.S.NO.4416/2012

BY

REJECTING

THE

APPLICATION

PREFERRED BY THE PETITIONER UNDER ORDER 1 RULE 10(2)

OF CPC FOR IMPLEADING THE PETITIONER HEREIN AT ANNX-A

& ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

This petition is filed challenging the order dated 15.12.2022 passed on I.A.No.7 in O.S.No.4416/2012 by the XVI Additional City Civil and Sessions Judge, Bengaluru, (for short, ‘the trial Court’).

2. Heard Sri.Prashanth K.S., learned counsel for Sri.Radhanandan B.S., learned counsel for the petitioner; Sri.Thimmaiah K.H., learned counsel for the respondent Nos.1 to 9 and perused the material available on record.

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3. The respondent Nos.1 to 10 filed the suit in O.S.No.4416/2012 seeking the relief of partition and separate possession of 10 items of suit schedule property. In the said suit, the petitioner filed an application under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the CPC’) to implead the applicant as defendant in the suit. The trial Court under the impugned order rejected the said application on the ground that the applicant failed to produce the documents to substantiate as to how the applicant is necessary and proper party to the suit.

4. It is to be noticed that the application for impleadment is filed on the ground that Item Nos.6 and 9 of the suit schedule property were acquired by the State Government by issuing the final notification dated 07.10.2002 along with other properties and thereafter the Karnataka Industrial Areas Development Board (‘KIADB’) issued allotment letter dated 28.02.2003 allotting a site

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and possession was handed over by issuing the possession certificate dated 05.03.2003.

5. It is to be noticed that pursuant to the allotment, the KIADB also executed the absolute sale deed in favour of the petitioner on 05.06.2007. The perusal of the aforesaid document i.e. final notification issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966, allotment letter, possession certificate, sale deeds dated 05.06.2007 and 13.06.2018, which indicate that Item Nos.6 and 9 properties are allotted to the writ petitioner. It is to be noticed that the defendant No.42 is the wife of the Managing Director of the petitioner company and after service of the summons, application came to be filed. Taking note of the aforesaid documents and assertion made in the application, I am of the considered view that petitioner is a necessary and proper party to the suit filed by the respondent Nos.1 to

10. HC-KAR

6. Insofar as the contention of the respondent Nos.1 to 9 that the RTC are standing in the name of defendant Nos.42 and 43 has no relevance as the petitioner has placed aforesaid documents to indicate that the land i.e., Item Nos.6 and 9, were acquired by the State Government and thereafter transferred the said land to the KIADB and the KIADB has allotted the said land and sale deed is executed.

7. Considering the aforesaid material on record, I am of the view that trial Court has committed a grave error in rejecting the application. Hence, I proceed to pass the following:

ORDER

i. The writ petition is allowed. ii. The impugned order dated 15.12.2022 passed on I.A.No.7 in O.S.No.4416/2012 by the XVI Additional City Civil and Sessions Judge, Bengaluru, is set aside. Consequently, I.A.No.7

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filed by the petitioner/impleading applicant is allowed. iii. The respondent Nos.1 to 10/plaintiffs shall amend the cause title and file amended cause title. iv. The petitioner is permitted to file the written statement in the said suit within a period of eight (08) weeks from the date of receipt of copy of this order. v. Pending applications, if any, shall stand disposed.

No order as to costs.

Sd/- (VIJAYKUMAR A. PATIL) JUDGE

BSR List No.: 1 Sl No.: 11

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