IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 5659 OF 2021 (GM-CPC)

BETWEEN:

1. SMT. B.JAYALAKSHMI W/O LATE SRI.S.SOMU, AGE ABOUT 55 YEARS, 2. SRI. S.PRASHANTH S/O LATE SRI.S.SOMU, AGE ABOUT 40 YEARS, 3. SRI. S.DEEPAK S/O LATE SRI.S.SOMU, AGE ABOUT 38 YEARS, 4. SMT. S.LEENASHREE D/O LATE SRI.S.SOMU, AGE ABOUT 35 YEARS, ALL ARE C/O SIDDAIAH AUTO GARAGE, SITUATED IN SY.NO.30/3 AND SY. NO.29, YEDIYUR, NAGASANDRA VILLAGE, PRESENTLY 14^TH MAIN, SHANTINAGAR, TYGARAJANAGAR, BENGALURU-560 028.

…PETITIONERS (BY SRI. R.B.SADASIVAPPA., ADVOCATE)

AND:

1. SRI. B.KESHAVA MURTHY S/O LATE SRI.P.BELURAPPA, SINCE DECEASED BY HIS LR’S, 1(a) SMT. KANTHAMANI W/O LATE SRI. B.KESHAVA MURTHY, AGED ABOUT 56 YEARS, 1(b) SMT. RAJANI.K D/O LATE SRI. B.KESHAVA MURTHY, AGED ABOUT 30 YEARS, 1(c) SRI. BHARATH KUMRA.K.

S/O LATE SRI.B.KESHAVA MURTHY, AGED ABOUT 28 YEARS, THE RESPONDENTS 1(a) TO 1(c) ARE R/AT “MATHRUSHREE NILAYA”

NO.74, 5^TH CROS, PALMSPRING LAYOUT, DODDAKALLASANDRA POST, GUBBALALA GATE, KANAKAPURA MAIN ROAD, BENGALURU-560 062.

2. SMT. B.VANAJAKSHI W/O LATE SRI. SHIVALINGA NAIK, AGE ABOUT 67 YEARS, R/AT NO.30, YELACHANAHALLI, KANAKAPURA ROAD.

BENGALURU – 560 078.

3. SMT. B. BHAGYA WO SRI. R.ANANDA AGE ABOUT 65 YEARS, R/AT NO.379, 1^ST STAGE, 5^TH BLOCK, 5^TH MAIN ROAD, H.B.R.LAYOUT, BENGALURU-560 043.

4. SRI. B.PRAKASH KUMAR S/O LATE SRI P.BELURAPPA, AGE ABOUT 58 YEARS, R/AT NO.3, 6^TH “A” CROSS, TALACAVERY LAYOUT, AMURTHAHALLI, BYATARAYANAPURA, BENGALURU-560 064. 5. SMT.B.SHAMALA W/O SRI.NEELAKANTA, AGE ABOUT 47 YEARS, R/AT NO.02, YELACHENAHALLI, BEHIND PREMIUM, PETROL BUNK, KANAKAPURA MAIN ROADM, BENGALURU-560 078. 6. SMT. SAROJA.B W/O SRI.R.VASANTHAKUMAR, AGE ABOUT 45 YEARS, R/AT NO.17/1, 2^ND MAIN ROAD, NEW GUDDADAHALLI, MYSORE ROAD, BENGALURU-560 026.

7. SMT. NARASAMMA W/O LATE SRI. SATHAYANARAYANA, AGE ABOUT 57 YEARS, 8. SMT. S.SOUMYA W/O SRI.LOKESH, AGE ABOUT 30 YEARS, 9. SMT. S.RAMYA W/O SRI.NARENDRA, AGE ABOUT 28 YEARS, 10. KUM. JYOTHI D/O LATE SRI.SATHYANARAYANA, AGE ABOUT 25 YEARS, RESPONDENTS 7 TO 10 ARE R/AT NO.377, 5^TH CROSS, CHENNAKESHAVA NILAYA, SHABARI NAGAR, BYATARAYANAPURA, BELLARY ROAD, BENGALURU-560 092.

…RESPONDENTS (BY SRI. PRADEEP.H.S., ADVOCATE FOR R2 TO R10; R1(a) TO R1(c) ARE SERVED AND UNREPRESENTED)

***

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD.30.11.2018 VIDE ANNEXURE-D PASSED BY THE 34TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-35 BENGALURU ON I.A.NO.1/2017 IN O.S.NO.1647/2012, CONSEQUENTLY ALLOW THE I.A. NO.1/2017 FILED BEFORE THE 34^TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-35 BENGALURU ON I.A. NO.1/2017 IN O.S.NO.1647/2012 AND PERMIT THE PETITIONERS TO COME ON RECORD AS ADDITIONAL DEFENDANTS.

THIS WRIT PETITION, COMING ON FOR HEARING AND FINAL DISPOSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL ORDER

1. The present petition seeks to challenge an order dated 30.11.2018, passed by the learned 34^th Additional City Civil and Sessions Judge, (CCH-35), Bengaluru, on I.A.No.1/2017 in O.S.No.1647/2012 [hereinafter referred to as the “Impugned Order”]. By the Impugned Order, an application under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908, [hereinafter referred to as the “CPC”] filed by the petitioners/applicants has been dismissed with costs of Rs. 500.

2. This Court, had, on 05.12.2025, passed the following directions:

“1. Although respondents No.1(a) to (c) have been served, none appears on their behalf.

2. Learned Counsel appearing for respondents No.2 to 10 submits that he is representing the remaining plaintiffs before the Trial Court and that he will take appropriate instructions.

3. At request of learned counsel for parties, list this matter for hearing and final disposal on 12.01.2026.

4. In view of the fact that stay was granted by this Court on 22.03.2021, no furthe