A. KIRAN KUMAR Vs. B. LAKSHMANA GUPTA

JUDGEMENT

(1.) The petitioners have filed this writ petition challenging the order dtd. 3/1/2019 passed on I.A.No.4 in O.S.No.1442/2014, on the file of VII Addl. City Civil & Sessions Judge, Bengaluru.

(2.) Brief facts leading rise to filing of this petition are as under: Petitioners filed a suit in O.S.No.1442/2014 for specific performance of contract. In the said suit, petitioners filed an application under Order I Rule 10(2) of CPC to implead respondents No.10 to 15 as defendants No.11 to 16 in the suit. In support of the said application, the petitioners have filed an affidavit contending that the defendants in the suit must discharge the mortgage loan borrowed from Vishveshwaraya Co-operative Bank, Shankar Mutt Road, Bengaluru, borrowed for the development of Schedule 'A' property before conveying of the suit schedule properties in favour of the petitioners. The petitioners have recently obtained the 'nil' encumbrance certificate in respect of the schedule building and with utter shock and dismay, they came to know that respondents 1 to 9 and the Bank have colluded together to defraud the petitioners and their right under the agreement dtd. 13/12/2011, by creating an agreement with defendants No.11 to 16. The respondents No.10 to 15 are claiming that they have got right by virtue of an alleged agreement of sale. Hence they are necessary parties for the purpose of deciding the matter in dispute. The said application was opposed by respondent No.11 by filing objections to the said application. The trial Court, after hearing the parties, rejected the application filed by the petitioners. Hence this writ petition.

(3.) Heard learned counsel for petitioners.