Allowed¶46

Smt. Prema v. Smt. Hema A.B

Karnataka HC31 Oct 2025WP/24407/2023

Case brief

AI extract

What is this about?

Karnataka High Court, writ petition under Article 227; impleadment of third party as defendant; proper and necessary party; Order I Rule 10(2) CPC; Section 151 CPC; rejection of impleading application set aside; Grampanchayath resolution dated 09.05.2022; complaint regarding metal sheet obstructing pathway/public place; permanent injunction suit O.S.No.468/2022 before Sessions Court at Mandya; Trial Court I Additional Civil Judge and JMFC Mandya; order dated 17.08.2023 quashed/set aside; petitioner Prema; plaintiff/respondent No.1 Hema A.B; no precedents cited.

What did the court decide?

Writ petition allowed; order dated 17.08.2023 on I.A.No.3 in O.S.No.468/2022 set aside; petitioner's prayer for impleadment as defendant No.3 granted; pending I.As disposed of. ¶46

Smt. Prema Vs Smt. Hema A.B — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; order dated 17.08.2023 on I.A.No.3 in O.S.No.468/2022 set aside; petitioner's prayer for impleadment as defendant No.3 granted; pending I.As disposed of.

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Issue for consideration

Whether the petitioner is a proper and necessary party to O.S.No.468/2022 and entitled to be impleaded as defendant No.3 under Order I Rule 10(2) read with Section 151 CPC, and whether the Trial Court erred in rejecting her application I.A.No.3.

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Court's answer

The petitioner, on whose complaint defendant Nos.1 and 2 took action against the plaintiff regarding the metal sheet obstructing the pathway, is a proper and necessary party for effective adjudication of the dispute involved in O.S.No.468/2022.

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Ratio / Principle

The Trial Court failed to appreciate this aspect of the matter and erred in rejecting I.A.No.3.

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Key takeaways

The order dated 17.08.2023 passed on I.A.No.3 in O.S.No.468/2022 by the Court of I Additional Civil Judge and JMFC at Mandya is set aside and consequently the prayer made in the said application (impleadment of the petitioner as defendant No.3) is granted.ratio¶53

Detailed headnote1 paragraphs

Impleadment of interested complainant as party defendant — Writ petition under Article 227 of the Constitution of India against rejection of I.A.No.3 filed under Order I Rule 10(2) read with Section 151 CPC in O.S.No.468/2022 (suit by respondent No.1 against the Chief Secretary and the P.D.O., Grampanchayathi, seeking permanent injunction against removal of a metal sheet). The petitioner produced a Grampanchayath resolution dated 09.05.2022 showing that action against the plaintiff was taken on her complaint alleging that the metal sheet obstructed the pathway and access to her property. Held, the petitioner is a proper and necessary party for effective adjudication of the dispute; the Trial Court erred in rejecting I.A.No.3. Impugned order dated 17.08.2023 set aside and the prayer in I.A.No.3 granted; pending applications disposed of.

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NC: 2025:KHC:43793 WP No. 24407 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 31^ST DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 24407 OF 2023 (GM-CPC)

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BETWEEN:

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SMT. PREMA, W/O LATE RAJESH, AGED ABOUT 44 YEARS, R/O KERAGODU VILLAGE AND HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401.

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…PETITIONER

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(BY SRI. RAJA L., ADVOCATE)

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AND:

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Digitally signed by KAVYA R Location: High Court of Karnataka

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SMT. HEMA A.B, W/O THAMMEGOWDA M V, AGED ABOUT 38 YEARS, R/O KERAGODU VILLAGE AND HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401.

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THE CHIEF SECRETARY, GOVT. OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001.

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THE P.D.O., GRAMPANCHAYATHI, R/O KERAGODU VILLAGE AND HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401.

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…RESPONDENTS

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(BY SRI. RAVISHA M G., ADVOCATE FOR R1; SMT. RADHA RAMASWAMY, AGA FOR R2)

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NC: 2025:KHC:43793 WP No. 24407 of 2023

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HC-KAR

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 17/08/2023 PASSED BY THE 1ST ADDL. CIVIL JUDGE AND J.M.F.C. AT MANDYA IN I.A. NO. 3 IN O.S. NO. 468/2022 VIDE ANNEXURE-L.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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This writ petition under article 227 of the Constitution

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of India is filed with a prayer to set aside the order 17.08.2023 passed on I.A.No.3 in O.S.No.468/2022 by the Court of I Additional Civil Judge and JMFC at Mandya.

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Heard the learned counsel for the parties.

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O.S.No.468/2022 is filed before the Jurisdictional Sessions Court at Mandya by respondent No.1 herein against respondent Nos.2 and 3 herein seeking the relief of permanent injunction restraining the defendants or their authorities from removing the metal sheet adjacent to the suit schedule property in any manner, which is in

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3 - NC: 2025:KHC:43793 WP No. 24407 of 2023

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HC-KAR

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enjoyment and possession of the plaintiff. In the said suit, I.A.No.3 was filed by the petitioner under Order I Rule 10(2) read with Section 151 of CPC with a prayer to implead her as party defendant No.3 to the suit. The said application was opposed by the plaintiff by filing objections

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and the Trial Court vide order impugned has rejected I.A.No.3 and being aggrieved by the same, petitioner is before this Court.

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Learned counsel for the petitioner submits that petitioner is the owner in possession of the property which is situated towards the eastern side of the suit schedule

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property. It is on the complaint of the petitioner, defendant Nos.1 and 2 have resolved to take action against the plaintiff and to remove the metal sheet put up by the plaintiff obstructing the pathway of the petitioner and her neighbours. He submits that defendant Nos.1 and 2 have not filed any written statement opposing the prayer made in the suit. For the purpose of proper adjudication of the dispute involved in the suit, presence of the petitioner

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HC-KAR

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on whose complaint, defendant Nos.1 and 2 have taken action against the plaintiff is required and therefore petitioner is a proper and necessary party to the proceeding. Accordingly, he prays to allow the petition.

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Learned counsel for the petitioner has produced

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the copy of the resolution dated 09.05.2022 which was passed by respondent No.3, Grampanchayath, resolving to take action against the plaintiff to remove the metal sheet put up in front of the house of the plaintiff, which was obstructing the pathway. The said resolution was passed based on the complaint received from the petitioner who is said to be residing in the house situated towards the eastern side of the suit schedule property. According to the learned counsel for the petitioner respondent Nos.2 and 3 who are defendant Nos.1 and 2 in the suit are the state and instrumentality of the state and defendant Nos.1 and 2 have not filed written statement defending the suit.

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HC-KAR

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The averments found in the resolution referred to

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above clearly states that action is taken against the plaintiff by defendant Nos.1 and 2 on the complaint received from the petitioner alleging that plaintiff has put up a metal sheet in front of her house, obstructing the public place and the same has been causing hindrance to the petitioner and others to have access to their property. Considering the set aspect of the matter, I am of the opinion that the petitioner is a proper and necessary party for the purpose of effectively adjudicating the dispute involved in the suit and the Trial Court has failed to appreciate this aspect of the matter and has erred in rejecting I.A.No.3 filed on behalf of the plaintiff. According to the following:

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ORDER

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(i) The writ Petition is allowed.

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(ii) The order dated 17.08.2023 passed

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on I.A.No.3 in O.S.No.468/2022 by the

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