IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.34919 OF 2025 (GM-CPC)

BETWEEN:

1. B. KRISHNAMURTHY S/O. LATE B.L. BETTAIAH SETTY, AGED ABOUT 71 YEARS, RESIDING AT #14, VASAVI TEMPLE ROAD, V.V. PURAM, BENGALORU-560 004.

…PETITIONER (BY SRI. S.M. DAYANAND PATIL, ADVOCATE)

AND:

D igitally

1. SRI. L.M. KODANDARAMA SHETTY signed by S/O. LATE MUNIRAMAIAH SHETTY, GEETHA P G AGED ABOUT 84 YEARS, Location:

HIGH COURT OF

2. SRI. LINGAIAH BABU L.K.

KARNATAKA S/O. L.M. KODANDARAMA SHETTY, AGED ABOUT 48 YEARS, RESPONDENT NOS.1 AND 2 ARE RESIDING AT NO.19/11

1^ST 'D' MAIN, VASANTHAM GIRINAGAR II PHASE BNS 3^RD STAGE BENGALURU-560 085.

3. SMT. SUMA K. NAGENDRA D/O. L.M. KODANDARAMA SHETTY, AGED ABOUT 50 YEARS, RESIDING AT NO.440/21, 4TH MAIN ROAD, NEAR K.R. HOSPITAL, NAGENDRA BLOCK, BANASHANKARI, 3RD STAGE, BENGALURU-560 050.

4. SMT. NIRMALA W/O. JAYAGOPAL, AGED ABOUT 69 YEARS, R/AT NO.51, 100 FEET RING ROAD, VYSYA BANK, II COLONY, BMT II STAGE, MICO LAYOUT.

5. SRI. K.N. NIRANJAN S/O. LATE K. NARASIMHA, AGED ABOUT 67 YEARS, R/AT NO.43, FLAT NO.101, III MAIN ROAD, PUTTENAHALLI, J.P. NAGAR, 7TH PHASE, BENGALURU-560 078.

6. SRI. K.N. MAHENDRA S/O. LATE K. NARASIMHA, AGED ABOUT 65 YEARS, R/AT NO.86, II CROSS, III BLOCK, NARAYANANAGAR, DODDALASANDRA POST, BENGALURU-560 062. 7. SMT. T.S. VIMALA W/O. T.N. SUNDRANATH, AGED ABOUT 58 YEARS, R/AT NO.3518/A, "TUNGA", 4TH MAIN ROAD, 6TH CROSS, M.C.C. 'B' BLOCK, DAVANAGERE-577 004.

8. SMT. C.L. PRAMEELA @ PREMA W/O. C. LAKSHMAIAH SETTY, AGED ABOUT 73 YEARS, R/AT NO.11-4-29C, RAMAR KOIL STREET, CHITTOOR, ANDHRA PRADESH-517 001.

9. SRI. B. G. VIJAYALAKSHMI W/O. B.K. GANGARAJ, AGED ABOUT 67 YEARS, R/AT NO.2701, 1ST FLOOR, 17TH 'C' CROSS, VTH MAIN ROAD, BANASHANKARI II STAGE, BENGALURU-560 070.

10. SMT. T. GAYATHRI W/O. T. THAYAMMANAVAR, AGED ABOUT 61 YEARS, R/AT NO.487, 38TH CROSS, JAYANAGAR, 8TH BLOCK, BENGALURU-560 082.

11. SRI. B. NAGARAJA GUPTA S/O. LATE B.L. BETTAIAH SETTY, AGED ABOUT 77 YEARS, R/AT NO.717, 17TH MAIN ROAD, 38TH CROSS, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU-560 011.

12. SRI. B. LAKSHMANA GUPTA S/O. LATE B.L. BETTAIAH SETTY, AGED ABOUT 69 YEARS, R/AT "VAISHNAVI", NO.1251/B, 23RD MAIN ROAD, 23RD CROSS, B.S.K. II STAGE, BENGALURU-560 070.

13. SRI. B. SRIDHAR MURTHY S/O. LATE B.L. BETTAIAH SETTY, AGED ABOUT 63 YEARS, R/AT NO.52, C.T.B. ROAD, 2ND CROSS, K.R. ROAD, 2ND STAGE, BANASHANKARI, BENGALURU-560 070.

14. SRI. K. SEETHARAMAIH SETTY S/O. K. ANANTHAPADMANABHAIAH, AGED ABOUT 88 YEARS, 15. SRI. K.S. RAVIKUMAR S/O. K. SEETHARAMAIAH SETTY, AGED ABOUT 54 YEARS, 16. SMT. H.M. LAKSHMI W/O. H. V. MANJUNATH, AGED ABOUT 53 YEARS, R/AT NO.386, ELLEMALAPPA ROAD, BANGARPET-563 114. 17. SMT. K.S. VIDYA D/O. K. SEETHARAMAIAH SETTY, AGED ABOUT 48 YEARS, RESPONDENT NOS.14, 15, 17 ARE R/AT NO.126, 2ND CROSS, 1ST FLOOR, K.G. NAGAR MAIN ROAD, BENGALURU-560 019.

…RESPONDENTS (BY SRI. K.S. NAGARAJA RAO, ADVOCATE FOR C/R.1.)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE IN CCH-7 AT BANGALORE IN FDP NO.88/2006 VIDE ANNEXURE-A BY ORDERING FRESH PUBLIC AUCTION OF PLAINT SCHEDULE B PROPERTY BY ALLOWING IA NO.5 IN THE SAID PROCEEDINGS VIDE ANNEXURE-D, ETC.

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

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

ORAL ORDER

1. This petition by respondent No.3 in FDP No.88/2006 on the file of the XXII Additional City Civil and Sessions Judge, Bengaluru is directed against the impugned order dated 04.07.2025 passed on I.A.No.5, whereby, the said application- I.A.No.5 filed by the petitioner under Section 151 of Code of Civil Procedure, 1908 (CPC) to recall the order dated 11.11.2011 directing public auction of 'B' schedule property was rejected and to order fresh public auction of the said property was rejected by the trial Court.

2. Heard learned c