Writ petition by plaintiffs challenging rejection of their application to implead the purchaser of the suit property during pendency. The High Court held impleadment was necessary to avoid multiplicity of proceedings, set aside the trial court order and allowed the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 21385 OF 2022 (GM-CPC)
BETWEEN:
S/O LATE SIDDARAMAIAH AGED ABOUT 49 YEARS, R/AT GARGESHWARAPURA SOLUR HOBLI MAGADI TALUK RAMANAGAR DISTRICT
Digitally signed by SHARADAVANI B Location: High Court of Karnataka
HC-KAR
SOLUR HOBLI MAGADI TALUK RAMANAGAR DISTRICT
…PETITIONERS
(BY SRI. ANDANAPPA GURAPPA BALLOLLI.,ADVOCATE; R1, R3 SERVED BUT UNREPRESENTED)
AND:
HC-KAR
KANAKAPURA MAIN ROAD JARAGANAHALLI BOMMANAHALLI NAGARA SABHA UTTARAHALLI HOBLI
BANGALORE SOUTH TALUK
S/O LATE HANUMANTHAIAH AGED ABOUT 47 YEARS R/AT NO.235, JATTIPALYA VILLAGE, KADABGERE POST TAVAREKERE HOBLI
…RESPONDENTS
(BY SRI. RAGHAVENDRA.A., ADVOCATE)
THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER OF THE COURT BELOW DTD 26.09.2022 AS PER ANNEXURE-A PASSED ON I.A.NO.3 FILED UNDER ORDER I RULE 10(20 R/W SECTION 151 OF CPC FOR IMPLEADING APPLICANT IN THE CASE OF O.S.NO.144/2020 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC AT MAGADI.
NC: 2026:KHC:15105 WP No. 21385 of 2022
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
The present petition is filed by the plaintiffs challenging the order dated 26.09.2022 passed on I.A.No.3 filed under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') in O.S.No.144/2020 by the Additional Senior Civil Judge and JMFC, Magadi (for short 'the Trial Court') to implead the respondent No.8 as party in the suit.
HC-KAR
one Muniyappa, which compelled the petitioner to file an application to implead him as defendant No.8. However, the Trial Court dismissed the said application solely on the ground that the sale is during the pendency of the suit, hence, principle of lis pendens applies. It is further submitted that if the respondent No.8 herein further alienates the property, it would be difficult for the plaintiff to get the decree executed if he succeeds in the suit and it would lead to multiplicity of the proceedings. Hence, he seeks to dismiss the petition.
HC-KAR
consequential reliefs. The said suit came to be filed on 21.05.2020 and during the pendency of the said suit, defendant No.7 alienated the suit schedule property in favour of the respondent No.8 vide registered sale dated 26.11.2021.
NC: 2026:KHC:15105 WP No. 21385 of 2022
HC-KAR
Section 151 of the CPC by the plaintiff is allowed. The proposed defendant No.8 is permitted to be brought on record.
Sd/(VIJAYKUMAR A. PATIL) JUDGE
SS List No.: 1 Sl No.: 17
1 issue framed by the court
Whether the Trial Court erred in rejecting impleadment of a subsequent purchaser pendente lite under Order I Rule 10(2) CPC.
2 provisions across 2 enactments
SRI KRISHNAPPA
SMT RANGAMMA
SRI NARAYANAPPA
SMT GANGAMMA
SMT LAKSHMAMMA
SMT VENKATAMMA
VIJAYKUMAR A. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
