Karnataka High Court
WP/26627/2026 of SMT. MALLIKA C S Vs SRI. SUDARSHAN C S on 29 August 2026
CNR: KAHC010588162026 NC: 2026:KHC:47200 WP No. 26627 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 26627 OF 2026 (GM-CPC) BETWEEN: SMT. MALLIKA C.S., D/O LATE SAMPANGI K.C.,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 26627 OF 2026 (GM-CPC)
BETWEEN:
SMT. MALLIKA C.S.,
D/O LATE SAMPANGI K.C.,
AGED ABOUT 50 YEARS,
R/AT NO.J-19, 3RD CROSS, MAGADI ROAD,
BENGALURU - 560 023.
…PETITIONER
(BY SRI. MAHESH K H., ADVOCATE)
AND:
1.
SRI. SUDARSHAN C.S.,
S/O LATE SAMPANGI K.C.,
AGED ABOUT 45 YEARS,
R/AT NO.J-19, 3RD CROSS,
MAGADI ROAD,
BENGALURU - 560 023.
2.
SMT. SUGANDHI PRAKASH,
S/O LATE S.A.SAVARIMUTHU,
AGED ABOUT 63 YEARS,
R/AT NO.19, 3RD CROSS, ITC ROAD,
RAMASWAMYPALYA,
KAMNANAHALLI,
BENGALURU - 560 084.
Digitally signed
by SUVARNA T
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
3.
SHASHIKALA A.S,
W/O M. SENDIL KUMAR,
AGED ABOUT 49 YEARS,
R/AT NO.26, 'B' STREET,
2ND MAIN, NEW GUDADAHALLI,
MYSORE ROAD,
BENGALURU - 560 026.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE XXVII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU
TO ADJUDICATE AND PASS ORDERS ON APPLICATION UNDER
ORDER I RULE 10(2) R/W SECTION 151 OF CPC, 1908
SEEKING TO IMPLEAD RESPONDENT NO.3 AS DEFENDANT
NO.3 IN ACCORDANCE WITH LAW AND ETC.,
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
The present writ petition is filed seeking the following prayer: “(i) Issue a writ of Mandamus or such other order directing the XXVII Additional City Civil and Sessions Judge Bengaluru to adjudicate and pass orders on Application under Order I Rule 10(2)
HC-KAR
r/w Section of CPC, in O.S.No.2577/2020 seeking to implead Respondent No.3 as Defendant No.3 in accordance with law;
(ii) Issue a writ of Mandamus or such other order directing the 3rd Respondent not to put up any construction/ change the nature of Suit Schedule property;
(iii) Pass such other orders in the circumstances of the case including costs of this writ petition.”
2. Considering the fact that the IA under Order I Rule 10(2) of CPC is pending since 2020, the Trial Court is directed to dispose of the same within a period of two months from the date of receipt of the copy of the order.
3. Learned counsel for the petitioner submits that the respondents are attempting to create third-party rights. It is argued that this Court, in exercising its powers under Article 227 of the Constitution of India, ought to issue a status quo order, given its wide supervisory jurisdiction, placing reliance on a judgment in the case of Rajendra Prasad Gupta Vs.
HC-KAR
Prakash Chandra Mishra and others1. This Court is not able to appreciate any of these submissions.
4. An Interim Application has been pending since 2020, yet the petitioner has approached this Court only in the year 2026 seeking a mandamus and interim relief. This clearly demonstrates that the petitioner has not been vigilant in prosecuting the matter. This Court will not exercise its discretionary jurisdiction in favour of such litigants. Hence, this Court is passing the following:
ORDER
i. Accordingly, the writ petition is disposed of.
ii. The petitioner is permitted to advance the matter.
iii. Pending IAs., if any, shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
BH List No.: 1 Sl No.: 36
1 (2011) 2 SCC 705