IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16743 OF 2025 (GM-CPC)

BETWEEN:

BANDI PRABHAKAR RAO S/O LATE MR.B.R.BHASKAR RAO AGED ABOUT 67 YEARS RESIDING AT APARTMENT NO.2026, SOBHA SUNCREST, KANAKAPURA ROAD NEAR NICE ROAD JUNCTION UTTARAHALLI HOBLI, THALAGHATTAPURA BENGALURU – 560 062.

…PETITIONER Digitally signed by NAGAVENI (BY SRI AJAY J. NANDALIKE, ADVOCATE)

Location: High Court of AND:

Karnataka

1. K.G.RAJALAKSHMI W/O ASHOK NAYAK, AGED ABOUT 68 YEARS, RESIDING AT: G-4 MANASA BLOSSOM, 6^TH CROSS, V V PURAM, MYSURU – 570 002.

2. KRISHNA MAHANKALI S/O LATE VENKATA SURYANARAYANA, AGED ABOUT 66 YEARS, RESIDING AT: NO.1, 12^TH MAIN, 3^RD PHASE, JP NAGARA, BENGALURU – 560 078.

…RESPONDENTS (BY SRI SHOWRI H.R., ADVOCATE FOR C/R-1 & R-2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 29.04.2025 PASSED BY THE XIV ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH- 28) ON APPLICATION FILED UNDER ORDER 1 RULE 10 (2) OF CPC (IA NO. 4) IN P AND SC NO. 581/2023 (PRODUCED AS ANNEXURE -A).

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court calling in question an order dated 29-04-2025 passed by the XIV Additional City Civil and Sessions Judge, Bengaluru on I.A.No.IV filed under Order 1 to Rule 10(2) of the CPC in P & SC No.581 of 2023.

2. Heard Sri Ajay J. Nandalike, learned counsel appearing for the petitioner and Sri H.R.Showri, learned counsel appearing for respondents 1 and 2.

3. Facts in brief, germane, are as follows: -

3.1. The petitioner is said to be the cousin and sole legal heir of late Ms. Bandi Sujatha Jayadev, daughter of late Sri Jayadev B S and Mrs. B.R. Jayalakshmi. Late B.R. Jayalakshmi is said to be the aunt of the petitioner. Ms. Bandi Sujatha Jayadev is a retired bank employee. B.R. Jayadev who is the uncle of the petitioner died intestate on 19-10-2022 leaving behind his wife and daughter. It is the averment in the petition that last rites of B.R. Jayadev was performed by the petitioner. Ms. Bandi Sujatha Jayadev who remained as Spinster throughout died intestate on 12-06-2023 leaving behind the petitioner as her sole legal heir. At the time of death of Ms. Bandi Sujatha Jayadev, the petitioner was said to be in Delhi as part of architectural team involved in national level project of building the new parliament building of India. In the month of September, 2023 the petitioner is said to have returned to Bengaluru and during his visit comes to know all the properties left behind by the deceased. It is then, the petitioner files a petition in P & SC 581 of 2023 seeking issuance of a succession certificate.

3.2. During the pendency of the petition, respondent No.2 files an application seeking to implead himself and respondent No.1 as proposed respondents claiming they are nominees and friends of the deceased Ms. Bandi Sujatha Jayadev, qua the accounts with the banks. The petitioner files his detailed objections to the application so filed, on the ground that the said respondents were not legal heirs and nominees and cannot claim right or interest to the estate of the deceased. The petitioner also files his written statement placing reliance upon judgment rendered by a coordinate Bench of this Court in R.F.A. No.100004 of 2025 on similar set of facts. The concerned Court allows the application, converts the petition into original suit and directs the petitioner to file an amended plaint arraigning the respondents as defendants. Aggrieved by the said order, the petitioner is before this Court in the subject petition.

3.3. Owing to the submissions made by the respondents proposed into the P & SC proceedings, this Court passed an order on 04-07-2025. No Will was found in any of the lockers in the Banks indicted by the respondents. Again on 21