Ms K v. Kumari v Dr C K Shivaprasad
Case brief
What is this about?
Impleadment of temple administrator as necessary party in landlord-tenant ejectment suits; Order I Rule 10(2) and Section 151 CPC; Article 227 writ petition (GM-CPC); necessary party; ejectment; arrears of rent; future mesne profits; uttaradhikari/successor; registered Will dated 08.01.2004; Sambashivamurthy Swamiji; Kotilingeshwara Swamy Temple, Kammasandra Village, KGF, Kolar; servient association; quarterly accounts; Supreme Court directions in SLP(C) Nos.1926-1927/2020; co-owner not necessary party in ejectment suit; Kanaklata Das (2018) 2 SCC 352 distinguished; O.S.Nos.17-21/2023; O.S.No.25/2019; W.P.Nos.49400/2019 and 49995/2019; NC 2025:KHC:41715.
What did the court decide?
All five writ petitions allowed; the impugned orders dated 16.12.2023 passed on I.A.No.1 in O.S.Nos.17/2023, 18/2023, 19/2023, 20/2023 and 21/2023 by the Additional Senior Principal Civil Judge and JMFC, KGF are set aside; the prayer in the petitioner's impleading applications is granted; the Trial Court is directed to make efforts to dispose of the suits on merits as expeditiously as possible.