IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.4548 OF 2026 (GM-CPC)

BETWEEN:

1. THOMAS J S/O LATE JOSEPH M, AGED ABOUT 46 YEARS, 2. ANTHONEY RAJ.J, S/O LATE JOSEPH.M, AGED ABOUT 48 YEARS, BOTH ARE RESIDING AT NO.26/2, CHURCH STREET, KALENA AGRAHARA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU – 560 076.

…PETITIONERS (BY SRI. PRABHULINGA MURTHY B R., ADVOCATE)

AND:

1. MUTHAPPA Di gitally S/O LATE CHOWRAPPA, signed by AGED ABOUT 72 YEARS, CHANDANA R/A NO.70, KALENA AGRAHARA, B M BANNERGHATTA ROAD, Location: RENUKAYELLAMMA TEMPLE, High Court BENGALURU SOUTH TALUK, of BENGALURU-560 076.

Karnataka

2. DAVIDAPPA, S/O LATE CHOWRAPPA, AGED ABOUT 70 YEARS, R/A NO.83, KALENA AGRAHARA, BANNERGHATTA ROAD, RENUKAYELLAMMA TEMPLE, BENGALURU SOUTH TALUK, BENGALURU-560 076.

3. ROSE MARY, W/O LATE SANDHYAGAPPA, AGED ABOUT 57 YEARS, 4. ARUN KUMAR.S S/O LATE SANDHYAGAPPA, AGED ABOUT 36 YEARS, 5. KEERTHI KIRAN.S, S/O LATE SANDHYAGAPPA, AGED ABOUT 32 YEARS, R-3 TO R-5 ARE R/AT NO.270, CHURCH ROAD, NEAR CHURCH, KALENA AGRAHARA, BANNERGHATTA ROAD, RENUKAYELLAMMA TEMPLE, BENGALURU SOUTH TALUK, BENGALURU-560 076.

6. ANNAMMA D/O LATE ANTHONAPPA, W/O ANTHONISAMI, AGED ABOUT 67 YEARS, 7. PHILIPS, S/O LATE ANTHONAPPA, AGED ABOUT 62 YEARS, 8. JAYAMMA, D/O LATE ANTHONAPPA, AGED ABOUT 60 YEARS, R-6 TO R-8 ARE R/A NO.49, CHURCH ROAD, NEAR CHURCH, KALENA AGRAHARA, BANNERGHATTA ROAD, RENUKAYELLAMMA TEMPLE, BENGALURU SOUTH TALUK, BENGALURU-560 076.

9. RAJAMMA, W/O LATE KANIKE SWAMY, AGED ABOUT 72 YEARS, R/A NO.117, BEHIND ANGANAWADI, KALENA AGRAHARA, BANNERGHATTA ROAD, RENUKAYELLAMMA TEMPLE, BENGALURU SOUTH TALUK, BENGALURU-560 076. 10. ANTHONI MARY, D/O LATE KANIKE SWAMY, AGED ABOUT 57 YEARS, R/A NO.98, B.G.ROAD, NEAR PANCHYATH OFFICE, BASAVANAPURA, GOTTIGERE, BENGALURU SOUTH TALUK, BENGALURU-560 083.

11. ANTHONY STELLA, D/O LATE KANIKE SWAMY, W/O M.JOSEPH, AGED ABOUT 55 YEARS, R/A NO.178, OPP. KANAKAPURA ROAD, THATTAGUPPE, 2^ND BLOCK, THATTAGUPPE POST, BENGALURU-560 082.

12. K.ANTHONEY RAJ, S/O LATE KANIKE SWAMY, AGED ABOUT 50 YEARS, R/A NO.206, B-BLOCK, 2^ND FLOOR, CVK MEENAKSHI ELEGANCE, MLA LAYOUT, KALENA AGRAHARA, BANNERGHATTA ROAD, BENGALURU SOUTH TALUK, BENGALURU-560 079.

13. GEORGE.K, S/O LATE KANIKE SWAMY, AGED ABOUT 48 YEARS, R/A NO.G7, B-BLOCK, 2^ND FLOOR, CVK MEENAKSHI ELEGANCE, MLA LAYOUT, KALENA AGRAHARA, BANNERGHATTA ROAD, BENGALURU SOUTH TALUK, BENGALURU-560 079.

14. JASSEY MEENA.K, D/O LATE KANIKE SWAMY, W/O YAGAPPA.A, AGED ABOUT 46 YEARS, R/A NO.231, CHURCH STREET, YADAVANAHALLI, ANEKAL TALUK, BENGALURU-560 107.

…RESPONDENTS (NOTICE TO RESPONDENTS IS D/W)

THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED

10.07.2025 PASSED IN OS NO.5438/2024 AS ANNX-D.AND ETC.

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks the following reliefs: “a) Issue a Writ Order in the nature of certiorari to quash the order and set-aside the impugned Order dated 10.07.2025 passed in O.S.No.5438/2024 as Annexure-D b) And to restore the Annexure-C Mediation report passed in O.S.No.5438/2024 in the above case in the interest of justice.

c) Grant such other order or direction as deems fit to grant by this Hon’ble Court under the circumstances of the case including awarding cost of the case.”

2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents is dispensed with.

3. A perusal of the material on record will indicate that petitioners-plaintiffs instituted the aforesaid suit against the respondents-defendants for partition and separate possession of their alleged share in the suit schedule immovable property and for other reliefs. The Trial Court referred the parties to mediation which was conducted on 05.03.2025, during the c