Karnataka High Court
K Sripada Rao vs Channarayappa on 23 October, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2025:KHC:41842
WP No. 15376 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 15376 OF 2023 (GM-CPC)
BETWEEN:
1. K. SRIPADA RAO
S/O LATE KESHAVA MURTHY
AGED 86 YEARS.
2. K. PRANESH RAO
S/O LATE KESHAVMURTHY
AGED 82 YEARS.
3. K.G. RAGHUNATH
S/O LATE GOPALAKRISHNA MURTHY
AGED 53 YEARS.
ALL ARE RESIDING AT
KEMBALIGANAHALLI VILLAGE
NANDAGUDI HOBLI, HOSKOTE TALUK
BENGALURU RURAL DISTRICT
Digitally signed PIN - 562 114.
by NANDINI M
S
Location: HIGH
...PETITIONERS
COURT OF
KARNATAKA (BY SRI B. RAMESH, ADV.)
AND:
1. CHANNARAYAPPA
S/O LATE CHIKKADASAPPA
AGED 82 YEARS.
2. MANJUNATH @ DAIRY MANJU
S/O THIMMAIH
AGED 40 YEARS.
BOTH ARE RESIDING AT
KEMBALIGANAHALLI VILLAGE
-2-
NC: 2025:KHC:41842
WP No. 15376 of 2023
HC-KAR
NANDAGUDI HOBLI
HOSKOTE TALUK
BENGALURU RURAL DISTRICT
PIN - 562 114.
...RESPONDENTS
(BY SRI UMESH B.N, ADV.)
THIS WP IS FILED UNDER ARTICLE 227 PF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD
19.6.2023 PASSED ON IA FILED BY THE PETITIONERS UNDER
ORDER I RULE 10(2) R/W SEC 151 OF CPC IN OS.NO.104/2022
PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC AT HOSKOTE
WHICH IS PRODUCED AND MARKED AS ANNX-F BY ALLOWING THE
APPLICATION FILED BY THE PETITIONERS UNDER ORDER I RULE 10
(2) OF CPC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition under Article 227 of the Constitution of India is filed with a prayer to quash the order dated 19.06.2023 passed on the application, filed by the petitioners under Order I Rule 10 (2) read with Section 151 of CPC in OS No.104/2022 by the Court of Principal Civil Judge and JMFC, Hosakote.
2. Heard the learned counsel for the parties.
3. Respondent No.1 herein had filed OS No.104/2022 before the jurisdictional Civil Court at Hosakote, against respondent No.2 herein seeking the relief of permanent injunction -3- NC: 2025:KHC:41842 WP No. 15376 of 2023 HC-KAR restraining the defendant, his men or anybody claiming under him from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule properties. In the said suit, respondent No.2 herein has filed a detailed written statement opposing the prayer made in the suit and it is also stated in the written statement that one Shanboog Keshava Murthy was the original owner of the schedule properties and after his death, his children Gopala Krishna Murhty, Sreepadrao and K. Pranseh Rao, are in peaceful possession and enjoyment of the suit schedule properties. Petitioners herein, who are the sons of aforesaid Keshav Murthy had filed application under Order I Rule 10 (2) read with Section 151 of CPC with the prayer to implead them as party defendants in OS No.104/2022. The said application was opposed by the plaintiff by filing objections. The Trial Court, vide the order impugned has rejected the application and being aggrieved by the same, the impleading applicants are before this Court.
4. Learned counsel for the petitioners submits that petitioners are the absolute owners in possession of the suit -4- NC: 2025:KHC:41842 WP No. 15376 of 2023 HC-KAR schedule properties and there is a statement to the said effect in the written statement of respondent No.2 herein. Respondent No.1/plaintiff suppressing material facts has deliberately filed a suit against respondent No.2 and therefore, presence of the petitioners in the suit is necessary for the purpose of proper adjudication of the dispute involved in the suit. In support of his arguments, he has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Acqua Borewell Private Limited vs. Swayam Prabha and Others
- (2022) 15 SCC 511.
5. Perusal of the material on record would go to show that plaintiff in the present suit asserts right, title and possession over the suit schedule properties and alleging that defendant/respondent No.2 herein is interfering with his peaceful possession and enjoyment of the suit schedule properties, the present suit in OS No.104/2022 has been filed seeking the relief of permanent injunction as against the defendant in the suit. At the stage of recording defendant's evidence, the present application was filed by impleading applicants with a prayer to implead them as party defendants -5- NC: 2025:KHC:41842 WP No. 15376 of 2023 HC-KAR in the suit. Suit is filed for the relief of bare injunction and therefore, it is for the plaintiff to prove his possession over the suit schedule properties or interference by the defendant irrespective of the title. It is needless to state that any decree passed in a suit for permanent injunction binds only the parties to the suit and not any other third party.
6. The petitioners claim that the suit schedule properties originally belonged to their father and they are in possession and enjoyment of the suit schedule properties. If that is so, it is for the petitioners to initiate appropriate proceedings before the competent Court seeking necessary relief and they cannot be permitted to get impleaded in a suit filed for bare injunction. The judgment in the case of Acqua Borewell Private Limited (supra) has been rendered in a case where the plaintiff had filed an application to implead additional defendant as against whom, he had made an allegation of interference and it is under these circumstances, the Hon'ble Supreme Court had held that impleadment of the proposed respondent was necessary. The same is not the fact situation in the present case and there is no allegation of interference against the -6- NC: 2025:KHC:41842 WP No. 15376 of 2023 HC-KAR petitioners. The said judgment therefore, cannot be made applicable to the facts and circumstances of the present case. Under the circumstances, I do not find any good ground to interfere with the order impugned passed by the Trial Court. Accordingly, the petition is dismissed.
Sd/-
(S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 28