- 1 - HC-KAR NC: 2025:KHC:21192 CRP No. 491 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 491 OF 2024 (IO) BETWEEN: SRI H.N.NAGENDRA, S/O LATE H.V.NARAYANA RAO, AGED ABOUT 62 YEARS, R/AT NO.1216, 4TH MAIN, 2ND CROSS, NAGAPPA BLOCK, BENGALURU - 560 021. …PETITIONER (BY SRI R.P.SOMASHEKHARAIAH, ADVOCATE) AND: 1. SMT. H.N.BHAVANI SUBBAIAH, D/O LATE H.V.NARAYANA RAO, AGED ABOUT 65 YEARS, RESIDING AT NO.154, PARAS, 5TH STAGE, AMS LAYOUT, VIDYARANYAPURA, BENGALURU - 560 097. 2. SMT. H.N.CHAYA, D/O LATE H.V.NARAYANA RAO, AGED ABOUT 67 YEARS, RESIDING AT NO. 254, 5TH CROSS, ’A’ BLOCK, R.S.B.C.S LAYOUT , ANNAPOORNA NAGAR BENGALURU - 560 091. 3. SMT. H.N.MUKTHAMBA, D/O LATE H.V.RANGANATH, AGED ABOUT 79 YEARS, SINCE SHE IS SUFFERING FROM SCHIZOPHRENIA PATIENT Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21192 CRP No. 491 of 2024 (MENTALLY ILLNESS) REPRESENTED BY HER NEXT FRIEND/DAUGHTER SMT. ROOPASHREE RESPONDENT NO.3 HEREIN. 4. SMT. ROOPASHREE, D/O LATE H.N.MUKTHAMBA, AGED ABOUT 56 YEARS, R/AT NO.02, PRANAVA SKANDA, MEENAKSHI LAYOUT, HESARA GHATTA MAIN ROAD, BENGALURU - 560 073. 5. SMT. SUBHASHREE, D/O LATE H.N.MUKTHAMBA, AGED ABOUT 54 YEARS, R/AT NO.02, PRANAVA SKANDA, MEENAKSHI LAYOUT, HESARA GHATTA MAIN ROAD, BENGALURU - 560 073. 6. SMT. BHAGYALAKSHMI, W/O LATE H.N.RANGANATH, (RANGANATH S/O H.V.NARAYANA RAO) AGED ABOUT 77 YEARS, R/AT NO 181, 3RD BLOCK, 3RD MAIN, BASAVESHWARANAGAR, BENGALURU - 560 079. 7. SRI H.R.GIRISH, S/O H.N.RANGANATH, AGED ABOUT 47 YEARS, R/AT NO.181, 3RD BLOCK, 3RD MAIN, BASAVESHWARANAGAR, BENGALURU - 560 079. 8. SMT. DIVYASHREE, D/O H.N.RANGANATH, AGED ABOUT 44 YEARS, R/AT NO.181, 3RD BLOCK, - 3 - HC-KAR NC: 2025:KHC:21192 CRP No. 491 of 2024 3RD MAIN, BASAVESHWARANAGAR, BENGALURU - 560 079. 9. SMT. H.N.VIJAYALAKSHMI, D/O H.N.RANGANATH, AGED ABOUT 75 YEARS, R/AT NO.434, 4TH MAIN, NAGENDRA BLOCK, SRINAGAR, BENGALURU - 560 050. 10. SRI H.N.SHANKAR PRASAD, S/O H.V.NARAYANA RAO, AGED ABOUT 72 YEARS, R/AT NO.140, 8TH MAIN, 2ND STAGE, 2ND BLOCK, NAGARABHAVI, BENGALURU - 560 072. 11. SRI H.N.MANJUNATHA, S/O LATE H.V.NARAYANA RAO, AGED ABOUT 70 YEARS, R/AT NO.5/4-A, 5TH CROSS, 3RD MAIN, JAYANAGAR, MYSURU - 570 014. …RESPONDENTS (BY SRI H.GOPALAPPA, ADVOCATE FOR R1, R3, R10 AND R11; SRI PADMANABHA V.MAHALE, SENIOR ADVOCATE A/W SRI V.RANGARAMU, ADVOCATE FOR R2; NOTICE TO R4 TO R9 IS D/W VIDE ORDER DATED 05.11.2024) THIS CRP IS FILED UNDER SEC.115 OF CPC., PRAYING TO SET ASIDE THE ORDER DATED 06.06.2024 MADE ON I.A. UNDER ORDER 7 RULE 11 (d) OF CPC IN O.S.3900/2020 ON THE FILE OF III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:21192 CRP No. 491 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question the rejection of an application filed under Order VII Rule 11(d) of the Code of Civil Procedure, seeking rejection of plaint filed by the respondents herein in O.S.No.3900/2020. 2. Heard Sri.Somashekharaiah R.P., learned counsel appearing for the petitioner, Sri.Gopalappa H, learned counsel appearing for respondent Nos.1, 3, 10 and 11, Sri.Padmanabha V.Mahale, learned Senior Counsel for Sri V.Rangaramu, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the subsistence of the said suit, the plaintiff No.1 has withdrawn the suit and what remains is the suit instituted by the plaintiff No.2-Smt.H.M.Chaya who is the sister of the present petitioner. 4. Learned counsel appearing for the petitioner after arguing the matter at length, would seek leave of this Court to - 5 - HC-KAR NC: 2025:KHC:21192 CRP No. 491 of 2024 withdraw the petition and urge all contentions at the appropriate stage before the concerned Court. He would also seek leave of this Court to direct the concerned Court to frame preliminary issue with regard to the maintainability of the suit, while it is for the petitioner to file an appropriate application thereof and the concerned Court to consider the same in accordance with law to save the Court's time. With the aforesaid observations, reserving liberty as observed herein above, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 23