- 1 - HC-KAR NC: 2025:KHC:19387 WP No. 12994 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12994 OF 2025 (GM-CPC) BETWEEN: SRI.BYRAPPA, S/O LATE DODDA KEMPAIAH, AGED ABOUT 68 YEARS, NO.10, PANTHARAPALYA, NAYANDAHALLI POST, MYSORE ROAD, BANGALORE-560039. SENIOR CITIZEN BENEFIT NOT CLAIMED. …PETITIONER (BY SRI. B C VENKATESH., ADVOCATE) AND: 1. MRS.VIJAYA, W/O LATE SRI. VENKATESHALU, D/O SRI PATEL B THAMMAIAH, AGED ABOUT 65 YEARS, 16/1, "VISHNU NILAYA", NO.16/1, 1ST MAIN ROAD, 2ND CROSS, OPPOSITE TO HOSAHALLI PARK, BANGALORE-560040. 2. MRS.RUKKAMMA.T, W/O SRI.KALAPPA, D/O SRI PATEL B THAMMAIAH, AGED ABOUT 62 YEARS, "RUKKAMMA KALLAPPA BUILDING, NO.110, BEHIND SRI GANESH TEMPLE, PANTHARAPALYA, NAYANDAHALLI POST, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19387 WP No. 12994 of 2025 MYSORE ROAD, BARIGALORE-560039. 3. MRS. SUMITHRA, W/O SRI K. MANJUNATHA, D/O SRI PATEL B THAMMAIAH, AGED ABOUT 58 YEARS, SARIHITA SPICE WOOD (EAST BLOCK), BBMP NO.10, 6TH MAIN, G.M.PALYA, NEW THIPPASANDRA POST, BANGALORE-560075. 4. MRS. KALAVATHI, W/O SRI.R.RAMACHANDRA, D/O SRI PATEL B THAMMAIAH, AGED ABOUT 56 YEARS, NALLINARADAHALLI VILLAGE, DIBBUR POST, CHIKKABALLAPURA TALUK & DIST-562101. 5. MRS.SARALA.P, W/O SRI.R.PRAKASH, D/O SRI PATEL B THAMMAIAH, AGED ABOUT 49 YEARS, HOUSE NO.6, RACHENAHALLI MAIN ROAD, THANISANDRA, SHIVARAM KARANTH POST, BANGALORE-560077, 6. SRI. PATEL B.THAMMAIAH, S/O LATE SRI.BYRAPPA, AGED ABOUT 88 YEARS, RESIDING AT 1ST FLOOR, "SUMERU BUILDING", 1ST MAIN ROAD, KANDAPPA LAYOUT, 5TH STAGE, RAJARAJESHWARI NAGAR, BANGALORE-560098. 7. SRI.T. BYRAPPA, S/O SRI.B. THAMMAIAH, - 3 - HC-KAR NC: 2025:KHC:19387 WP No. 12994 of 2025 D/O SRI PATEL B THAMMAIAH, AGED ABOUT 56 YEARS, RESIDING AT 1ST FLOOR, 3ND CROSS, R.KRISHNAPPA BLOCK, RAJARAJESHWARI NAGAR, BANGALORE-560098. 8. SRI.T.KEMPANNA, S/O SRI.B.THAMMAIAH, AGED ABOUT 56 YEARS, RESIDING AT 1ST FLOOR, "SUMERU BUILDING", 1ST MAIN ROAD, KANDAPPA LAYOUT, 5TH STAGE, RAJARAJESHWARI NAGAR, BANGALORE-560098. 9. SRI.T.MUNIKRISHNA, S/O SRI.B.THAMMAIAH, AGED ABOUT 52 YEARS, NO.C-53, 186, 1ST CROSS, BEML LAYOUT, 5TH STAGE, 80 FEET ROAD, BANGALORE-560098. …RESPONDENTS (BY SRI.SHASHANK SRIDHAR, ADVOCATE FOR SRI.SRIDHAR N., ADVOCATE FOR R1, R2, R3 & R5; SRI. VINAY D HOSMATH, ADVOCATE FOR R6 TO R9; R4 SERVED - UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE TRIAL COURT AND AFTER PERUSAL, SET ASIDE THE IMPUGNED ORDER DTD 21.02.2025 PASSED BY THE XXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-6) IN O.S.NO.1706/2015 BY REJECTING THE IA NO.VIII FILED BY THE PETITIONER UNDER ORDER-1 RULE-10(2) R/W SEC. 151 OF CPC (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE IA NO.VIII (ANNEXURE-F) FILED BY THE PETITIONER UNDER ORDER 1 RULE 10(2) R/W SEC 151 OF CPC IN O.S.NO.1706/2015 AND ETC. - 4 - HC-KAR NC: 2025:KHC:19387 WP No. 12994 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for the petitioner after arguing the matter at length, would seek leave of this court to withdraw the petition and avail all such remedy, as available in law. Reserving such liberty available in law, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 32