- 1 - NC: 2025:KHC:18295 WP No. 14178 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 14178 OF 2025 (GM-CPC) BETWEEN: 1. MR. J S ANANTH, S/O LATE MR. J.V. SAMPANGAPPA, AGED ABOUT 70 YEARS, R/AT 418, 12TH MAIN, RMV EXTENSION, SADASHIVANAGARA, BENGALURU-560 080. 2. MR. J.A. SANJAY, S/O MR. J.S. ANANTH, AGED ABOUT 41 YEARS, R/AT 418, 12TH MAIN, RMV EXTENSION, SADASHIVANAGARA, BENGALURU-560 080. …PETITIONERS (BY SRI VIVEK.S.REDDY, SENIOR ADVOCATE FOR SRI H MANJUNATH, ADVOCATE) AND: 1. MR. J V SHARATH, S/O MR. J.S. VENKATESH, AGED ABOUT 32 YEARS, R/AT NO.5, II MAIN, PALACE CROSS ROAD, CHAKRAVARTHY LAYOUT, VASANTHAGAR, BENGALURU-560 020. 2. MR. J.S. VENKATESH, S/O LATE MR. J.V. SAMPANGAPPA, AGED ABOUT 65 YEARS, R/AT NO.5, II MAIN, PALACE CROSS ROAD, CHAKRAVARTHY LAYOUT, VASANTHNAGAR, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18295 WP No. 14178 of 2025 BENGALURU-560 020. 3. MRS. PADMA, W/O MR. J.S. VENKATESH, AGED ABOUT 56 YEARS, R/AT NO.5, II MAIN, PALACE CROSS ROAD, CHAKRAVARTHY LAYOUT, VASANTHNAGAR, BENGALURU-560 020. 4. MRS. VARSHA, W/O MR. J.V. SHARATH, AGED ABOUT 29 YEARS, R/AT NO.5, II MAIN, PALACE CROSS ROAD, CHAKRAVARTHY LAYOUT, VASANTHNAGAR, BENGALURU-560 020. 5. SUDARSHAN SILKS, A REGISTERED PARTNERSHIP FIRM UNDER THE PARTNERSHIP ACT, 1932, NO. 915, OPPOSITE RUKMINI HALL, CHICKPET, BANGALORE-560 053. REP. BY ITS PARTNER MR. J.V. SHARATH. 6. MR. J.A. SANTHOSH, S/O MR. J.S. ANANTH, AGED ABOUT 43 YEARS, R/AT 418, 12TH MAIN, RMV EXTENSION, SADASHIVANAGARA, BANGALORE, BENGALURU-560 080. 7. MRS. SHEELA, W/O MR. J.S. ANANTH, AGED ABOUT 62 YEARS, R/AT 418, 12TH MAIN, RMV EXTENSION, SADASHIVANAGARA, BANGALORE, BENGALURU-560 080. 8. MRS. DEEKSHA, W/O MR. J.A. SANJAY, AGED ABOUT 32 YEARS, R/AT 418, 12TH MAIN, RMV EXTENSION, - 3 - NC: 2025:KHC:18295 WP No. 14178 of 2025 SADASHIVANAGARA, BANGALORE, BENGALURU-560 080. 9. MRS. MAHALAKSHMI, W/O MR. J.A. SANTHOSH, AGED ABOUT 37 YEARS, R/AT 418, 12TH MAIN, RMV EXTENSION, SADASHIVANAGARA, BANGALORE, BENGALURU-560 080. 10. M/S. SUDARSHAN FAMILY STORES, A REGISTERED PARTNERSHIP FIRM UNDER THE PARTNERSHIP ACT, 1932, 231, CHICKPET MAIN ROAD, OPPOSITE TO CANARA BANK, BANGALORE-560 053. REP. BY ITS PARTNER MR. J.S. ANANTH. 11. M/S. SHREESHTAMALL INDIA PRIVATE LIMITED, A PRIVATE COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING REGISTERED OFFICE AT 862, KAMATAGERI, 2ND CROSS, MANDI MOHALLA, MYSORE-570 021. REP. BY ITS DIRECTOR MR. SRINIVASMURTHY CHANDRASHEKAR. 12. MR. SRINIVASMURTHY CHANDRASHEKAR, S/O LATE SRINIVASA MURTHY, AGED ABOUT 60 YEARS, R/AT 862, KAMATAGERI, 2ND CROSS, MANDI MOHALLA, MYSORE-570 021. 13. MR. CHUNCHUNA SHASHIDHAR, S/O LATE CHUNCHUNA, AGED ABOUT 63 YEARS, R/AT 11, RENUKA NILAYA, 3RD CROSS, S R NAGAR, WILSON GARDEN, BANGALORE-560 027. - 4 - NC: 2025:KHC:18295 WP No. 14178 of 2025 14. NEW SUDARSHAN SILKS, A REGISTERED PARTNERSHIP FIRM UNDER THE INDIAN PARTNERSHIP ACT, 1932, HAVING BUSINESS LOCATION AT NO.9, BEARING PID NO.7-2-9, 3RD MAIN ROAD (MARGOSA ROAD), WARD NO.65(7), MALLESWARAM, BENGALURU-560 003. REP. BY ITS PARTNER J.R. SRINIVAS. …RESPONDENTS (BY SRI B.C THIRUVENGADAM, SENIOR ADVOCATE FOR SRI PAVAN KUMAR.S KAMATAGI, ADVOCATE FOR R-1 TO R-5; SMT. SWETHA RAVISHANKAR, ADVOCATE FOR R-11, R-12 & R-13) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 08.05.2025 PASSED BY THE XXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-40) ANNEXURE-A BENGALURU (VACATION COURT) IN MISC. NO. 508/2025 ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C M JOSHI ORAL ORDER Learned counsel for respondent Nos.1 to 5 files objections statement and the same is taken on record. 2. Heard learned Senior Counsel Sri Vivek Reddy for Sri H. Manjunath, learned counsel appearing for petitioners; learned Senior counsel Sri B.C.Thiruvengadam for Sri Pavan Kumar S. Kamatagi, learned counsel appearing for respondent - 5 - NC: 2025:KHC:18295 WP No. 14178 of 2025 Nos.1 to 5 and learned counsel Smt. Sweta Ravishankar, appearing for respondent Nos. 11, 12 and 13. 3. The short point that is urged is, whether the vacation Civil Court was right in declining to enter into the merits of the case and say that the matter has to be heard by the Regular Court. 4. The subject matter of the dispute is in respect of vacating an interim order which was passed by the Regular Court. Obviously, if the interim order is perverse or illegal, that should have been dealt by the Vacation Court in the light of the submissions that would be advanced before it. It cannot have said that the matter has to be considered by the Regular Court only. In other words, the Vacation Court has stepped into the shoes of the Regular Court and therefore, the impugned order saying that the matter has to be dealt by the Regular Court only cannot be sustained. 5. Learned counsel for respondents also submit that there is an application which has been filed for disobedience of the interim order. All these aspects should have been - 6 - NC: 2025:KHC:18295 WP No. 14178 of 2025 considered by securing the records of the concerned Regular Court. 6. Having said so, both the counsels submit that the matter may be remanded to the Vacation Court to be heard on 28.05.2025. 7. Hence, the writ petition is allowed. The impugned order is set aside and the matter is remitted back to the Vacation Court to be listed on 28.05.2025. Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 181