- 1 - NC: 2025:KHC:16141 WP No. 6891 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6891 OF 2025 (GM-CPC) BETWEEN: 1. SRI. JAGADISH REDDY S/O GOVINDA REDDY AGED ABOUT 59 YEARS 2. SRI. VENKATESH G REDDY S/O GOVINDA REDDY AGED ABOUT 55 YEARS BOTH ARE RESIDING AT NO.20 M.N.KRISHNA RAO ROAD BASAVANAGUDI, BENGALURU - 560004. …PETITIONERS (BY SRI. BASAVARAJU P., ADVOCATE) AND: 1. M/S. CARVAN GOODS CARRIERS PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT REP BY ITS DIRECTOR MS. NAINA MANCHANDA AGED ABOUT 41 YEARS D/O SRI SUDARSHAN KUMAR MANCHANDA AT NO. 40, BASAPPA ROAD, SHANTHINAGAR BENGALURU - 560027. 2. SMT. L NARAYANAMMA W/O LATE C.M.REDDY AGED ABOUT 88 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:16141 WP No. 6891 of 2025 3. SRI M RAVI REDDY S/O LATE C.M.REDDY AGED ABOUT 69 YEARS 4. SMT. UDAYA REDDY W/O GOPALA REDDY AGED ABOUT 59 YEARS 5. SRI M SHARATH REDDY S/O LATE C.M.REDDY AGED ABOUT 57 YEARS R2 TO R5 ARE R/AT RAVI UDAYA NO.42, NANJAPPA ROAD SHANTHINAGAR,BENGALURU - 560027. …RESPONDENTS (BY SRI. VIVEKANANDA S., ADVOCATE FOR R1: NOTICE TO R2 TO R5 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31/05/2024 IN O.S.NO.8212/2019 PASSED BY VI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant Nos. 5 and 6 under Article 227 of the Constitution of India, seeking a direction to the trial court to decide additional issue No.1 and re-cast issue No.6 as a preliminary issue in O.S.No.8212/2019. - 3 - NC: 2025:KHC:16141 WP No. 6891 of 2025 2. The plaintiff filed a suit for recovery of possession. After service of summons, defendants appeared through counsel and filed the written statement. On the basis of the pleadings of the parties, the trial court has framed additional issue No.1 in respect of maintainability of the suit and also re-cast issue No.6 which is also on maintainability. The matter was posted for hearing the additional issue No.1 and re-cast issue No.6 as a preliminary issue. Thereafter, the trial court directed that the preliminary issue can also be considered along with the other issues. 3. The only grievance of the petitioners is that since the court has already posted the matter for consideration of preliminary issue, the matter can be decided first as a preliminary issue. 4. The learned counsel for the respondent No.1/plaintiff filed a memo and contended that the plaintiff has no objection to consider additional issue No.1 and re- cast issue No.6 as a preliminary issue. - 4 - NC: 2025:KHC:16141 WP No. 6891 of 2025 5. In view of the above, this writ petition is disposed of directing the trial court to first decide the additional issue No.1 and re-cast issue No.6, on merits, in accordance with law, after giving opportunity to both the parties. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 41