- 1 - NC: 2025:KHC:11713 WP No. 23184 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 23184 OF 2024 (GM-CPC) BETWEEN: 1. SRI NAGARAJ N AGED ABOUT 48 YEARS S/O LATE K. NARAYANAPPA RESIDENT OF SIGEHALLI VILLAGE BIDARRAALLI HOBLI KANNAMANGALA POST BENGALURU-560 067. 2. SMT. PADMA. N. AGED ABOUT 52 YEARS D/O LATE K. NARAYANAPPA W/O NARAYANASWAMY RESIDING AT NO. 27, 2ND CROSS ANDHANAPPA LAYOUT KAMASHIPALYA BENGALORE NORTH-560 079. …PETITIONERS (BY SRI. SHESHADRI N S.,ADVOCATE) AND: 1. SMT R VIJAYALAKSHMI AGED ABOUT 48 YEARS D/O LATE K. NARAYANAPPA W/O LATE SRINIVASA. N. 2. SMT SRIVIDYA S AGED ABOUT 28 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11713 WP No. 23184 of 2024 GRAND D/O LATE K NARAYANAPPA D/O LATE SRINIVASA N. 3. SRI DEEPAK AGED ABOUT 22 YEARS GRAND S/O LATE K NARAYANAPPA S/O LATE SRINIVASA N R1 TO R3 ARE R/AT NO. 251 NEAR ESHWARA TEMPLE MAHADEVAPURA KANNAMANGALA POST BENGALURU-560 067. 4. SMT. WAHEEDA BEGUM AGED ABOUT 63 YEARS W/O LATE MOHAMMED SANAULLA 5. SRI MOHAMMMED JIBRAN AGED ABOUT 36 YEARS S/O LATE MOHAMMED SANAULLA R4 AND R5 ARE R/AT SANA GARDEN CHODADENAHALLI SULUR ROAD IN SY. NO.23, CHOWDADENAHALLI VILLAGE DODDAVALLABI POST NARASAPURA HOBLI KOLAR TALUK, KOLAR-563 133. AND ALSO R/AT SANA RESIDENCY HOUSE NO.252, BEHIND MADRAS MASJID NEAR KARNATAKA MEDICAL STORES 5TH MAIN ROAD, SUBASH NAGARA WARD NO.52, BHATTARAHALLI VILLAGE VIRGONAGAR POST, BENGALURU-560 049. 6. SRI. M.PRAKASH AGED ABOUT 68 YEARS S/O LATE MUNISHAMAPPA PROPRIETOR, SAIRAGH ENTERPRISES - 3 - NC: 2025:KHC:11713 WP No. 23184 of 2024 BASAVESHWARA NILAYA KURUBARAHALLI GATE NARASAPURA MAIN ROAD VEMGAL HOBLI, KOLAR DISTRICT KOLAR-563 103. …RESPONDENTS (NOTICE TO R1 TO R5 ARE SERVED AND UNRERESENTED NOTICE TO R6 IS DISENSED WITH V/O DATED: 20.03.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 12.07.2024 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AT KOLAR IN O.S.NO. 293/2021 ON MEMO FILED BY DEFENDANT NOs.4 AND 5/R-4 AND 5 HEREIN AS PER ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, challenging the order dated 12.07.2024 passed on a memo in O.S.No.293/2021 by the III Additional Senior Civil Judge and JMFC, Kolar, allowing the memo filed by the respondents/defendants, for recalling the order dated 26.06.2023. - 4 - NC: 2025:KHC:11713 WP No. 23184 of 2024 2. The plaintiffs filed a suit for partition and separate possession. During the pendency of the suit, plaintiffs filed IA No.7 under Order 6 Rule 17 of CPC seeking amendment of plaint to delete defendant No.6 from the cause-title and to delete suit item No.5 in the plaint schedule. The said application has been allowed on the ground that the defendants have no objection. Thereafter, defendant Nos. 4 and 5 filed a memo stating that they have not filed any memo for no objection to allow the said application. Since no signature of defendant Nos. 4 and 5 were taken on the order sheet that they have no objection to allow the application and they haven not filed any memo, the trial court allowed the memo filed by respondent Nos. 4 and 5 on the ground that they have not given any objection to allow the application and recalled the order dated 26.06.2023. 3. There is no error or illegality in the order passed by the trial court. - 5 - NC: 2025:KHC:11713 WP No. 23184 of 2024 4. Accordingly, the writ petition is dismissed. 5. The trial court is directed to re-consider IA No.4 filed by the plaintiffs under Order 6 Rule 17 of CPC, in accordance with law, after giving opportunity to both the parties. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 32