IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 3674 OF 2023 (GM-CPC)

BETWEEN:

SMT. R. REGINA W/O SRI R. RAVI KUMAR AGED ABOUT 49 YEARS R/O 10TH MAIN ROAD

2ND CROSS, 80 FEET ROAD HRBR LAYOUT, BANASWADI POST BANGALORE - 560 043 REPRESENTED BY HER GPA HOLDER SRI R RAVI KUMAR.

…PETITIONER (BY SRI MAHABALESHWARA RAO K.N, ADV.)

AND:

1. B.N. BABU REDDY S/O LATE N. NARAYAN REDDY AGED ABOUT 67 YEARS R/O OLD NO NEW NO.8 Dig itally DODDABANASWADI signed by NANDINI M S BANGALORE - 43.

Location:

HIGH COU RT SUNKAMMA OF KARNATAKA W/O LATE BODANNANNAVAR MUNISWAMY REDDY SINCE DECEASED BY LRS.

2. SMT. RADHAMMA W/O LATE NARAYANA REDDY MAJOR R/AT NEAR B.E.T COLLEGE MUKKUNTAMMA NAGAR BANASAWADI, BANGALORE.

3. M. CHINNA REDDY S/O LATE BODANNANNAVAR MUNISWAMY REDDY MAJOR.

4. APPAIANNAH S/O LATE BODANNANNAVAR MUNISWAMY REDDY MAJOR.

5. RATHNAMMA W/O JAYARAMA REDDY MAJOR.

6. C. VASANTH REDDY S/O M. CHINNA REDDY, MAJOR.

RESPONDENTS 2 TO 6 ARE RESIDING AT NO.255 NEXT TO HINDUSTAN STEEL ROLLING MILLS, BANASWADI BANGALORE - 43.

7. N. SRINIVASA REDDY S/O NARAYANA REDDY, MAJOR.

8. SATISH REDDY (SATHYANARAYAN REDDY)

S/O NARAYANA REDDY MAJOR.

BOTH ARE RESIDING AT MUKKUNTAMMANAGAR BET COLLEGE, DODDABANASAWADI BANGALORE - 43.

…RESPONDENTS (BY SRI T.N. VISHWANATH, ADV., FOR SMT. ARCHANA T.V., ADV., FOR R-1 ;

V/O DTD: 24.02.2023, NOTICE TO TR-2 TO R-8 ARE D/W)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 31/01/2023 AS PER (ANNEXURE-L) ON I.A.NO.18 IN O.S.NO.3543/2005 ON THE FILE OF THE ADDL.CITY CIVIL JUDGE BANGALORE (CCH-43) AND CONSEQUENTLY DISMISS I.A.18 (ANNEXURE-G) IN O.S.NO.3543/2005 ON THE FILE OF THE ADDL.

CITY CIVIL JUDGE BANGALORE.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. This writ petition under Article 227 of the Constitution of India is filed by the plaintiff with a prayer to set-aside the order dated 31.01.2023 passed on IA No.18 in OS No.3543/2005 by the Court of Additional City Civil Judge, Bengaluru (CCH 43).

2. Heard the learned counsel for the parties.

3. The suit in OS No.3543/2005 is filed by the petitioner herein before the jurisdictional Civil Court at Bengaluru seeking the relief of declaration of title in respect of the suit schedule B property and consequently, to declare that the Sale Deed and the Rectification Deed executed by defendant No.2 in favour of defendant No.1 are not binding on the plaintiff to the extent of the property mentioned in schedule B of the plaint. A consequent relief of permanent injunction is also prayed by the petitioner. The contesting defendants have entered appearance in the said suit and have filed a written statement. IA No.18 was filed under Order XXVI Rule 9 read with Section 151 of CPC on behalf of defendant No.1 and the said application was opposed by filing objections by the plaintiff. The Trial Court vide the order impugned has allowed IA No.18 and being aggrieved by the same, plaintiff is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that in the earlier round of litigation, this Court had set-aside the order passed on IA No.18 and had remitted the matter to the Trial Court to consider IA No.18 afresh. The Trial Court has once again committed the very same mistake by allowing IA No.18. He submits that a prayer is made in the application to survey the entire extent of 3 acres 31 guntas in Sy. No.255 in which suit schedule B property is a part and parcel. The prayer made in the application is virtually to fix boundary to the entire extent of 3 acre 31 guntas in Sy. No.255 and also to demarcate the property of defendant No.1 allegedly purchased by her under the Sale Deed and Rectification Deed which have been questioned by the petitioner in OS No.3543/2005. He submits that a finding has been recorded in