IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 33399 OF 2025 (GM-CPC)

BETWEEN:

SMT. SUJATHAMMA D/O VENKATESHAPPA, AGED ABOUT 50 YEARS, R/AT BAGUR VILLAGE, ANUGONDAHALLI HOBLI, HOSKOTE TALUK, BANGALORE DISTRICT - 563160 …PETITIONER (BY SRI. SOMASEKHAR NAIDU B., ADVOCATE)

AND:

1. SMT. PAPAMMA D/O LATE N CHIKKAVENKATAPPA, W/O VENKATARAMANAPPA ALIAS DONNEPPA, R/AT SIDDANAPURA VILLAGE, ANUGONDAHALLI HOBLI, Digitally signed by CHIKKATHIRUPATHI POST, GAVRIBIDANUR HOSKOTE TALUK, SUBRAMANYA GUPTA BANGALORE RURAL SREENATH DISTRICT- 563160.

Location: HIGH COURT OF KARNATAKA 2. SRI VENKATESHAPPA S/O LATE CHINNAPPA, AGED ABOUT 80 YEARS

3. SRI LOKESH S/O VENKATESHAPPA, AGED ABOUT 48 YEARS

4. SRI RAJANNA S/O LATE YELLAPPA, AGED ABOUT 57 YEARS RESPONDENT NO.2 TO 4 R/AT ANUGONDAHALLI HOBLI, CHIKKATHIRUPATHI POST, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 563160

5. SMT. I NAGALAMBIKE D/O S SHANTAPPA, AGED ABOUT 68 YEARS, R/AT ITTINA HOUSE, KAIKONDRAHALLI, CARMELARAM POST, BANGALORE - 560035.

…RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE TRAIL COURT TO CONSIDER THE HON'BLE TRIAL COURT TO CONSIDER I.A. DATED 14.11.2024 NDER ORDER XIV RULE 1 OF THE CPC FOR FRAMING OF PROPOSED ADDITIONAL ISSUES AT ANNEXURE-A AND I.A. DATED 07.04.2025 UNDER SECTION 114 R/W 151 OF CPC FOR REVIEW OF ORDER DATED 25.02.2025 IN O.S. NO 410/2022 (OLD NO. 637/2016) ANNEXURE- F ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, AT HOSKOTE BANGALORE RURAL DISTRICT AND ANNEXURE- B.

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

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard learned counsel for the petitioner.

2. The petitioner is none other than defendant No.3 in the original suit OS No.410/2022 (Old No.637/2014).

3. The prayer sought by the petitioner is as under:

I. To direct the Hon'ble trial Court to consider the Hon'ble trial Court to consider IA. Dated 14.11.2024 under order XIV rule 1 of the CPC for framing of proposed additional issues at Annexure 'A' and I.A. dated 07.04.2025 under Section 114 R/w 151 of CPC for review of order dated 25.02.2025 in O.S.No.410/2022 (Old No.637/2014) Annexure - F on the file of learned Senior Civil Judge and JMFC, at Hoskote Bangalore Rural District at Annexure - B.

II. To issue any writ or direction or orders as this Hon'ble court might deem fit in the interest of justice and equity.

4. It is the case of the petitioner/defendant No.3 that the suit was filed by the plaintiff/respondent No.1 for the relief of declaration, claiming that the plaintiff/respondent No.1 is the absolute owner of the suit schedule property and to restrain defendants from interfering with the peaceful possession and enjoyment of the suit schedule property and to declare the revenue record standing in the name of respondent No.5/defendant No.5 in respect of the suit schedule property to be illegal, null and void and also to declare the sale deed dated 21.06.2005 and 22.06.2005 is not binding on the plaintiff/respondent No.1 and for other consequential reliefs.

5. In the said suit, petitioner/defendant No.3 filed an application under Order XIV Rule 1 of CPC for framing of proposed additional issues on 14.11.2024 and thereafter he has also filed an application under Section 114 read with Section 151 of CPC for review of the order dated 25.02.2025 filed on 07.04.2025. It is the grievance of the petitioner/defendant No.3 that the trial Court has not considered these two applications and has proceeded further in the matter. Aggrieved by which the petitioner/defendant No.3 is before this Court.

6. Several contentions are raised by the petitioner/defendant No.3 in this petition, which need not be adverted to by this Court, as the short question for consideration before this Court is whether the trial Court is to be directed to consider and dispose of the