- 1 - NC: 2025:KHC:10277 WP No. 1309 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1309 OF 2025 (GM-CPC) BETWEEN: 1. SRI GADIGEPPAIAH S/O GURUMURTHY LEKKIKATTIMATAD AGED ABOUT 35 YEARS R/AT BISALAHALLI VILLAGE SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577428. 2. SMT POOJA W/O GADIGEPPAIAH LEKKIKATTIMATAD AGED ABOUT 30 YEARS R/AT BISALAHALLI VILLAGE SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577428. …PETITIONERS (BY SMT. VEENA BHAT., ADVOCATE) AND: 1. SRI VISHWANATHAIAH M S/O VIRBHADRAIAH AGED ABOUT 48 YEARS R/AT BISALAHALLI VILLAGE THALAGUNDA HOBALI BILAKI POST, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577428. 2. SRI. RUDRAIAH. M. S/O VIRBHADRAIAH AGED ABOUT 55 YEARS R/AT BISALAHALLI VILLAGE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10277 WP No. 1309 of 2025 THALAGUNDA HOBALI BILAKI POST, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577428. 3. SMT. UMA. M. D/O VIRBHADRAIAH W/O LATE. MRUTHYUNJAYA AGED ABOUT 58 YEARS R/AT MASOOR SHIVAIAH,BODIHALMUTT NEAR SIDDESHWARA SCHOOL SAGARA TALUK SHIVAMOGGA DISTRICT-577401. 4. SMT. SUBHAGYA. M. D/O VIRBHADRAIAH W/O SHIVAYOGAIAH AGED ABOUT 46 YEARS R/AT BISALAHALLI VILLAGE THALAGUNDA HOBALI BILAKI POST, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577428. 5. SMT. SUMA. M. D/O VIRBHADRAIAH W/O C.M. SWAMY AGED ABOUT 43 YEARS R/AT. 9TH CROSS NEAR ESHWARA PARVATHI TEMPLE VIDYANAGARA, DAVANAGERE-577405. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER DATED: 18.06.2024 PASSED BY THE HON’BLE 1 ADDITIONAL DISTRICT AND SESSION JUDGE SHIVAMOGGA IN CIVIL MISC PETITION NO.26/2023 REFERRED HEREWITH AS ANNEXURE-F AND ETC. - 3 - NC: 2025:KHC:10277 WP No. 1309 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners challenging the order dated 18.06.2024 passed by the I Addl. District Judge, Shivamogga, on I.A.No.1 filed under Section 5 of the Limitation Act and I.A.No.2 filed under Section 151 of CPC in Civil Mis.No.26/2023, whereby the said applications have been allowed and operation of the order dated 23.09.2022 passed by the I Addl. District Judge, Shivamogga, in P & SC No.33/2021 related to petition schedule properties has been stayed until further orders of the Court. 2. The petitioners herein had filed P & SC No.33/2021 under Section 278 of the Indian Succession Act before the Court of I Addl. District Judge, Shivamogga and the same came to be allowed by order dated 23.09.2022 and declared that petitioners have proved the Will dated - 4 - NC: 2025:KHC:10277 WP No. 1309 of 2025 19.04.2020 executed by Veerabhadraiah s/o Veeraiah in favour of petitioners. Since the respondents herein claim to be the legal representatives of deceased Veerabhadraiah, they have filed Civil Mis.No.26/2023 seeking for revocation of the Letters of Administration granted by the I Addl. District Judge, Shivamogga in P & SC No.33/2021 on 23.09.2022. Along with the said petition, they have also filed I.A.No.1 filed under Section 5 of the Limitation Act and I.A.No.2 filed under Section 151 of CPC seeking to stay the operation of the order dated 23.09.2022. The Trial Court by impugned order dated 18.06.2024 has allowed the said applications. Being aggrieved, the present petition is filed. 3. Since the respondents herein, who claims to be legal representatives of deceased Veerabhadraiah were not aware of the P & SC case instituted by the petitioners herein, immediately after they came to know of the order passed in P & SC No.33/2021, they have filed the Civil Mis.No.23/2021 for revocation of Letters of Administration - 5 - NC: 2025:KHC:10277 WP No. 1309 of 2025 granted in P & SC No.33/2021 on 23.09.2022. Therefore, the Trial Court considering all these aspects has passed the impugned order. 4. Viewed from any angle, there is no error or illegality in the impugned order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 19