- 1 - NC: 2025:KHC:17963 WP No. 9768 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9768 OF 2025 (GM-CPC) BETWEEN: 1. GIRIYAPPA S/O LATE THIMMAIAH AGED ABOUT 78 YEARS 2. T RAMU S/O LATE THIMMAIAH AGED ABOUT 71 YEARS BOTH ARE RESIDING AT NO.8 3RD MAIN ROAD, KAMAKSHIPALYA BANGALORE – 560079. …PETITIONERS (BY SRI. V B RAVISHANKER., ADVOCATE) AND: 1. THIMMAMMA W/O VENKATAIAH @ THAMMAIAH D/O MUDLIGOWDA @ MUDIAIAH AGED ABOUT 72 YEARS RESIDING AT KAGGERE VILLAGE YEDIYURU HOBLI, KUNIGAL TALUK - 572 142. 2. SHIVAMMA W/O LATE MARIYAPPA AGED ABOUT 56 YEARS. 3. YASHWANTH S/O LATE MARIYAPPA AGED ABOUT 35 YEARS R1 TO R3 ARE R/AT Y HAMPAPURA VILLAGE YEDIYURU HOBLI KUNIGAL TALUK - 572 142 Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17963 WP No. 9768 of 2025 4. K KRISHNEGOWDA S/O LATE KAPANIGOWDA @ KAPANAIAH AGED ABOUT 84 YEARS 5. GAYITHRAMMA W/O LATE K JAYARAMEGOWDA AGED ABOUT 65 YEARS 6. RAVI KUMARA S/O LATE K JAYARAME GOWDA AGED ABOUT 49 YEARS 7. K RAJANNA S/O LATE KAPANIGOWDA @ KAPANAIAH AGED ABOUT 79 YEARS R4 TO R7 ARE R/AT KARABYLU VILLAGE NELLIGERE POST, BELLURU HOBLI NAGAMANGALA TALUK MANDYA DISTRICT - 574 433. 8. SHARATHKUMAR S/O H RAJU AGED ABOUT 35 YEARS R/AT BYRASANDRA VILLAGE BELLURU HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT - 571 433. 9. DHANALAKSHMI D/O T RAMU AGED ABOUT 46 YEARS 10. MANGALAMMA D/O T RAMU AGED ABOUT 43 YEARS R9 & R10 ARE R/AT NO. 957 10TH MAIN ROAD SHARAVATHI RIVER ROAD SRINAGARA BANGALORE - 560050. 11. R VENKATESHA S/O T RAMU - 3 - NC: 2025:KHC:17963 WP No. 9768 of 2025 AGED ABOUT 41 YEARS R/AT NO.8, 3RD MAIN ROAD KAMAKSHIPALYA, BANGALORE – 560079. 12. ABHISHEK S/O LATE KAPANIGOWDA AGED ABOUT 25 YEARS 13. SUSHMITHA D/O LATE KAPANIGOWDA AGED ABOUT 22 YEARS 14. JAYARAMA S/O GIRIYAPPA AGED ABOUT 41 YEARS 15. UMESHA S/O GIRIYAPPA AGED ABOUT 38 YEARS 16. VENAKTALAKSHMAMMA D/O GIRIYAPPA AGED ABOUT 36 YEARS 17. GIRISHA @ HARISHA S/O GIRIYAPPA AGED ABOUT 34 YEARS R12 TO R17 ARE R/AT Y HAMPAPURA VILLAGE YEDIYUR HOBLI KUNIGAL TALUK - 572 142. …RESPONDENTS (BY SRI. PUNITH C., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN OS NO. 59/2016 PENDING ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, KUNIGAL AND QUASH THE IMPUGNED ORDER DATED 20/02/2025 PASSED BY THE ADDL. - 4 - NC: 2025:KHC:17963 WP No. 9768 of 2025 SENIOR CIVIL JUDGE, KUNIGAL IN OS NO. 56/2016 ON IA NO. VIII FILED U/O 47 RULE 1 R/W SEC. 151 OF THE CODE OF CIVIL PROCEDURE AND IA NO. IX FILED U/S 5 OF THE LIMITATION ACT AS ANNEXURE-K AND ETC. 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-defendant Nos.1 and 2 challenging the order dated 20.02.2025 passed by the Additional Senior Civil Judge, Kunigal, on I.A.No.8 filed by the plaintiff under Order XLVII Rule 1 read with Section 151 of CPC and on I.A.No.9 filed by the plaintiff under Section 5 of the Limitation Act in O.S.No.59/2016, whereby the Trial Court has allowed the said applications. 2. The plaintiff filed the suit for partition. On service of suit summons, the defendant appeared and filed written statement. On the basis of the pleadings of the parties, the Trial Court has framed issues. Thereafter, the matter - 5 - NC: 2025:KHC:17963 WP No. 9768 of 2025 has been posted for evidence of the parties. When the matter has been posted for evidence of PW-1, plaintiff has filed application under Order III Rule 2 read with Section 151 of CPC seeking permission to appoint lawful attorney to prosecute the case on behalf of the plaintiff. The said application came to be rejected by order dated 27.05.2024. Being aggrieved by the same, the plaintiff has filed I.A.No.8 under Order XLVII Rule 1 read with Section 151 of CPC seeking review of the order dated 27.05.2024 and also filed I.A.No.9 under Section 5 of the Limitation Act for condonation of delay, if any, in filing the review application. The said applications came to be allowed by impugned order dated 20.02.2025. Being aggrieved by the same, the present petition has been filed. 3. By the impugned order, the application filed by the plaintiff under Order XLVII Rule 1 read with Section 151 of the CPC for reviewing the order dated 27.05.2024, as well as the application filed under Section 5 of the Limitation Act for condoning the delay, have been allowed. That - 6 - NC: 2025:KHC:17963 WP No. 9768 of 2025 means to say that the order dated 27.05.2024 has been recalled, the rejection order passed on I.A.No.6 has been set aside and I.A.No.6 has been restored to the file. Therefore, the trial Court will now have to pass an order on I.A.No.6, which was filed by the plaintiff under Order III Rule 2 of the CPC. 4. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The trial Court is directed to pass the appropriate order on I.A.No.6 filed by the plaintiff under Order III Rule 2 of CPC, in accordance with law, after hearing both the parties. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 39