- 1 - NC: 2025:KHC:2172 WP No. 19320 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 19320 OF 2023 (GM-CPC) BETWEEN: 1. SRI. VASANTH KUMAR SON OF LATE MUTHYALAGAIAH, AGED ABOUT 46 YEARS, RESIDING AT MALLAPURA VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT PIN CODE - 572 111 2. SRI. RAVIKUMAR SON OF LATE MUTHYALAGAIAH, AGED ABOUT 43 YEARS, RESIDING AT MALLAPURA VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT PIN CODE - 572 111 3. SRI. MAHESH SON OF LATE MUTHYALAGAIAH, AGED ABOUT 41 YEARS, RESIDING AT MALLAPURA VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT PIN CODE - 572 111 4. SRI. JAYARAMAIAH SON OF LATE MUTHYALAGAIAH @ KENCHAIAH AGED ABOUT 55 YEARS, Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2172 WP No. 19320 of 2023 RESIDING AT MALLAPURA VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT PIN CODE - 572 111 5. SRI. SEETHARAMU SON OF LATE MUTHYALAGAIAH @ KENCHAIAH AGED ABOUT 51 YEARS, RESIDING AT MALLAPURA VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT PIN CODE - 572 111 6. SRI. GOVINDRAJU SON OF LATE MUTHYALAGAIAH @ KENCHAIAH AGED ABOUT 46 YEARS, RESIDING AT MALLAPURA VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT PIN CODE - 572 111 …PETITIONERS (BY SRI. CHANDRASHEKAR C.,ADVOCATE) AND: 1. SMT. NANJAMMA, DAUGHTER OF LATE KARIYANNA, AGED ABOUT 64 YEARS RESIDING AT CHANNASANDRA VILLAGE KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT PIN CODE - 572 111 2. SMT. SAKAMMA DAUGHTER OF LATE KARIYANNA, AGED ABOUT 63 YEARS - 3 - NC: 2025:KHC:2172 WP No. 19320 of 2023 RESIDING AT CHANNASANDRA VILLAGE KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT PIN CODE - 572 111 3. SMT. THIMMAMMA DAUGHTER OF LATE KARIYANNA, AGED ABOUT 56 YEARS RESIDING AT CHANNASANDRA VILLAGE KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT PIN CODE - 572 111 4. SRI. VENKATACHALA DAUGHTER OF LATE KARIYANNA, AGED ABOUT 58 YEARS RESIDING AT CHANNASANDRA VILLAGE KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT PIN CODE - 572 111 …RESPONDENTS (BY SRI. H MOHAN KUMAR.,ADVOCATE) THIS WP IS FILED PRAYING TO-SET ASIDE THE ORDER DTD 25.11.2021, PASSED IN O.S.NO.396/2019, ON I.A.NO.2 FILED UNDER ORDER 23 RULE 1 R/W SECTION 151 OF THE CODE OF THE CIVIL PROCEDURE PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, KANAKAPURA AS PER ANNEXURE-C AND THEREBY ORDER TO ALLOW THE I.A.NO.2 AS PER ANNEXURE-B, ETC. THIS PETITION, COMING ON FOR HEAIRNG ON IAs., THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 4 - NC: 2025:KHC:2172 WP No. 19320 of 2023 ORAL ORDER This writ petition is filed by the plaintiffs challenging the order dated 25.11.2021, passed on IA No.2 in O.S.No.396/2019 filed under Order XXIII Rule 1 of CPC by the Principal Civil Judge and JMFC, Kanakapura, whereby the application filed by the plaintiffs has been rejected. 2. The plaintiffs have filed a suit for declaration. After issuance of summons to the defendants, the defendants appeared through counsel and filed the written statement. At the time of framing the issues plaintiffs filed IA No.2 under Order XXIII Rule 1 of CPC, seeking permission to withdraw the suit with liberty to file a fresh comprehensive suit for appropriate reliefs against the respondents. The trial court dismissed the application on the ground that in the affidavit they have not made out any case or ground to file an application seeking permission to file fresh suit. There is no error or illegality in the order passed by the trial court. - 5 - NC: 2025:KHC:2172 WP No. 19320 of 2023 3. However, the learned counsel for the petitioners submitted that they may be permitted to file fresh application to make out grounds to withdraw the suit and file a fresh suit with the same cause of action. 4. In view of the above, to give one more opportunity to the petitioners, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 25.11.2021 passed by the Principal Civil Judge and JMFC, Kanakapura on IA No.2 under Order XXIII Rule 1 of CPC ion O.S.No.396/2019 is set aside. (iii) The petitioners are permitted to file fresh application, in accordance with law. (iv) If such an application is filed, the trial court is directed to consider the same, in accordance with law, after giving opportunity to the parties. - 6 - NC: 2025:KHC:2172 WP No. 19320 of 2023 (v) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 67