IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 7209 OF 2024 (GM-CPC)

BETWEEN:

SRI SRINIVAS S/O LATE GOVINDAPPA, AGED ABOUT 56 YEARS, R/O NANGALI VILLAGE AND POST, BYRAKUR HOBLI, MULBAGAL TALUK, KOLAR DISTRICT- 563 131 REPTD BY HIS GPA HOLDER SRI MAGESHA S/O SRINIVASA AGED ABOUT 27 YEARS, R/O NANGALI VILLAGE AND POST, BYRAKUR HOBLI, MULBAGAL TALUK, KOLAR DISTRICT- 563 131.

…PETITIONER (BY SRI. S VISWESWARAIAH, ADVOCATE)

Digitally signed by KAVYA R AND:

Location: High Court of Karnataka 1. SRI A SAMPATH S/O LATE ARMUGAM, AGED ABOUT 56 YEARS, 2. SRI SUBRAMANI S/O LATE GOVINDAPPA, AGED ABOUT 51 YEARS, RESPONDENTS 1 AND 2 ARE R/O NANGALI VILLAGE AND POST, BYRAKUR HOBLI, MULBAGAL TALUK, KOLAR DISTRICT-563131.

3. SMT KRISHNAVENI D/O LATE ARMUGAM, W/O K SHIVALINGAM MODALIYAR AGED ABOUT 61 YEARS, R/O NO. 46, 20TH CROSS, 15TH MAIN ROAD, J. C NAGAR MAHALAKSHMIPURA, BENGALURU-560 006.

4. SMT MANGALA D/O LATE ARMUGAM, W/O SUBRAMANI N AGED ABOUT 54 YEARS, R/AT NO. 28, J.C NAGAR KURUBARAPETE,MAHALAKSHMIPURA BENGALURU- 560 006. 5. SMT JAGADAMBA D/O LATE ARMUGAM, W/O SUBRAMANI, AGED ABOUT 51 YEARS, R/AT NO. 1625, 12TH CROSS, MARIYAPPANAPALYA, BENGALURU- 560 021

6. SMT ROSU D/O LATE CHINNARJAPPA, W/O VENKATESH, AGED ABOUT 47 YEARS, R/AT PERUMAKANAHALLI VILLAGE, BYRAKUR HOBLI, MULBAGAL TALUK, KOLAR DISTRICT- 563 131.

7. SMT KALAVATHI D/O LATE CHINNARAJAPPA, W/O RAMAPPA, AGED ABOUT 49 YEARS, R/AT VADDASARI VILLAGE, KATUPADI TALUK, VELLORE DISTRICT, TAMIL NADU- 632 007.

8. SRI ALLA MUNISWAMY S/O LATE CHINNARAJAPPA, AGED ABOUT 45 YEARS, R/O NANGALI VILLAGE AND POST, BYRAKUR HOBLI, MULBAGAL TALUK, KOLAR DISTRICT- 563 131.

9. SMT KANTHAMMA D/O LATE GOVINDAPPA W/O KRISHNAPPA AGED ABOUT 51 YEARS, R/O DODDA HASALA, KASABA HOBLI,MULBAGAL TALUK, KOLAR DISTRICT- 563 131. 10. SRI K S MANJUNATHA S/O K SHIVALINGAM, AGED ABOUT 49 YEARS, R/O NO. 110, 3RD MAIN ROAD, RAMAKRISHNA LAYOUT, MALAGALA MAIN ROAD, NAGARABHAVI II CROSS, BENGALURU- 560 072.

11. SRI GOPAL R S/O RAMASWAMY, AGED ABOUT 58 YEARS, R/O NO. 41, 7TH CROSS, MARIYAPPANAHALYA, SRIRAMPURA, BENGALURU NORTH, BENGLAURU-560021 BYRAKUR HOBLI, MULBAGAL TALUK.

…RESPONDENTS (BY SRI. PRAVEEN C.P, ADVOCATE FOR R10 AND R11)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, AT MULBAGAL, IN O.S NO. 134/13 DTD 22.02.24, IN FRAMING THE ADDL ISSUE AND FURTHER TO TREAT THE ADDL ISSUE NO. 1 AS PRELIMINARY ISSUE PRODUCED AT ANNEXURE-G BY ALLOWING THE WP.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

This writ petition under article 227 of the Constitution of India is filed by the plaintiff with a prayer to quash the order dated 22.02.2024 passed in O.S.No.134/2013 by the Court of Principal Civil Judge and JMFC, Mulbagal wherein additional issue No.1 has been framed based on the written statement filed by respondent Nos.10 and 11 to this petition and the said additional issue No.1 is directed to be treated as a preliminary issue.

2. Heard the learned counsel for the parties.

3. Petitioner had filed O.S.No.134/2013 before the Jurisdictional Civil Court at Mulbagal in Kolar District for partition and separate possession of the suit schedule properties. The Trial Court based on the rival pleadings of the parties had initially framed as many as seven issues and at the stage of cross-examination of D.W.1 an application was filed on behalf of the petitioner/plaintiff to implead proposed purchasers of portion of the suit schedule property as defendant Nos.10 and 11 to the suit. The said application was allowed and defendant Nos.10 and 11, who came on record had filed their written statement before the Trial Court on 04.10.2023 and in the said written statement, it was contended that the Trial Court had no pecuniary jurisdiction to try the suit. The