- 1 - NC: 2025:KHC:6003 WP No. 35588 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35588 OF 2024 (GM-CPC) BETWEEN: 1. SMT. PAVITHRA RAI W/O B PRABHAKARA RAI AGED ABOUT 54 YEARS PERAJE HOUSE, P.O. ARANTHODU, SULIA, D.K-574314. 2. SMT. KAMALAKSHI J RAI @ JAYASHREE W/O JAYAPRASAD RAI AGED ABOUT 48 YEARS KORINGBAIL HOUSE, MARAKADA VILLAGE KUNJATHABAIL POST MANGALURU-575015. 3. SMT. SOWMYA R NAIK. W/O RAMA RATHAN NAIK AGED ABOUT 45 YEARS FLAT NO. 102, FIRST FLOOR KADRI HEIGHTS, YEYYADI MANGALORE-575 008. 4. SMT. CHETHANA K BHANDARY W/O KAMARAJ BHANDARY AGED ABOUT 42 YEARS NO. 146, 1ST FLOOR, 5TH CROSS NEAR SAIBABA TEMPLE CAMBRIDGE LAYOUT, HALSUR BENGALURU 560006. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6003 WP No. 35588 of 2024 5. SNEHALATHA K SHETTY W/O LATE KAMARAJ BHANDARY AGED ABOUT 77 YEARS R/AT KORINGBAIL HOUSE MARAKADA VILLAGE, KUNJATHBAIL POST MANGALORE-575015. …PETITIONERS (BY SRI. SACHIN B S.,ADVOCATE) AND: 1. M. RAJKUMAR SHETTY S/O LATE M RAGHURAM SHETTY AGED ABOUT 63 YEARS RESIDING AT 1-113, MANCHAVUDADI PAVOOR POST AND VILLAGE MANGALURU-574199. 2. PRABHAKAR RAI S/O LATE AMMU RAI AGED ABOUT 58 YEARS 3. ASHISH KUMAR RAI S/O. PRABHAKAR RAI AND LATE LATHA P RAI AGED ABOUT 35 YEARS. 4. PARIKSHITH S/O. PRABHAKAR RAI AND LATE LATHA P RAI AGED ABOUT 22 YEARS R2 TO R4 ARE R/AT MACHAVUDADI HOUSE PAVOOR POST, MANGALURU-574 199. 5. DEVAKI K BHANDARY W/O. B. KRISHNA BHANDARY AGED ABOUT 90 YEARS R/AT MARAKADA VILLAGE - 3 - NC: 2025:KHC:6003 WP No. 35588 of 2024 KUNJATHABAILU POST MANGALURU TALUK-575 015. 6. MRS. VANITHA BHANDARY AGED ABOUT 65 YEARS 7. MR. VEEKSHITH AGED ABOUT 39 YEARS 8. MR. PRAVEEN BHANDARY AGED ABOUT 57 YEARS R6 TO R8 ARE CHILDREN OF DEVAKI K BHANDARY AND RESIDING AT MARAKADA VILLAGE KUNJATHABAILU POST MANGALURU TALUK-575 015. 9. K JAGGANATHA SHETTY S/O LATE KINHAYA SHETTY AGED ABOUT 84 YEARS RESIDING AT 98/2 SINDHI SOCIETY CHEMBOOR BOMBAY-400071. 10. K RAGHU CHANDRA SHETTY S/O LATE KINHAYA SHETTY AGED ABOUT 82 YEARS RESIDING AT NC 243 VIJAYA ENCLAVE VIJAYA BANK LAYOUT BELAKAHALLI, BANGALORE-570076. 11. K SUDHAMA SHETTY S/O LATE KINHAYA SHETTY AGED ABOUT 80 YEARS R/AT 204 NGEF LAYOUT 10TH CROSS, NAGARABHAVI BANGALORE-560072. - 4 - NC: 2025:KHC:6003 WP No. 35588 of 2024 12. K VASANTHA SHETTY S/O LATE KINHAYA SHETTY AGED ABOUT 77 YEARS RESIDING AT MUGERODY ENCLAVE FLAT NO. 10, GROUND FLOOR GANDHI NAGAR, KAVOOR MANGALORE-575 015. 13. GEETHA D SHETTY D/O LATE RAGHURAM SHETTY W/O DHANANJAYA SHETTY AGED ABOUT 58 YEARS R/AT MANCHAVUDADI HOUSE PAVOOR POST,MANGALORE-574 199. 14. MR. RAKSHAN SHETTY S/O. GEETHA D SHETTY AGED ABOUT 40 YEARS RESIDING AT MANCHAVUDADI HOUSE PAVOOR POST, MANGALORE-574 199. 15. REKHA M KAJAVA D/O LATE SAMPA S ALVA W/O MADAVA KAJAVA AGED ABOUT 55 YEARS R/AT MANGALA GANGOTHRI POST KONAJE, MANGALORE TALUK-574199. 16. MR. ANKITH KAJAVA S/O REKHA M. KAJAVA AGED ABOUT 38 YEARS R/AT PATTORI HOUSE MANGALA GANGOTHRI POST KONAJE, MANGALORE TALUK-574199. 17. SAVITHA G KAJAVA D/O LATE SAMA S ALVA - 5 - NC: 2025:KHC:6003 WP No. 35588 of 2024 W/O GANESH KAJAVA AGED ABOUT 52 YEARS R/AT KAJAVA COMPOUND SOMESHWARA POST MANGALORE-575023. 18. ANANYA D/O SAVITHA G KAJAVA AGED ABOUT 34 YEARS R/AT KAJAVA COMPOUND SOMESHWARA POST MANGALORE-575023. 19. BALAKRISHNA ALVA AGED ABOUT 50 YEARS R/AT C/O BHARATHIYA VIDYA BHAVANA OPP. D C OFFICE, MANGALURU-575001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 26.10.2024 ON IA NO.6 AND 7 IN OS.NO.370 OF 2018 ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE AND CJM AT MANGALORE MARKED AS ANNEXURE A AND ETC. THIS PETITION, COMING ON FOR RELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioners-defendant Nos.1 (a to e) challenging the order dated 26.10.2024 passed by the I Additional Senior Civil Judge and CJM, Mangaluru on - 6 - NC: 2025:KHC:6003 WP No. 35588 of 2024 I.A.No.VI filed under Order XXII Rule 4 read with Section 151 of CPC and I.A.No.VII filed under Section 5 of the Limitation Act read with Section 151 of CPC in O.S.No.370/2018, whereby the said applications have been allowed. 2. The plaintiffs have filed a suit for partition and separate possession. During the pendency of the suit, defendant No.1 passed away. The plaintiffs filed an application to bring the legal representatives of the deceased defendant No.1 on record. The application was allowed and the legal representatives (LRs) of defendant No.1 were permitted to come on record. However, the wife of defendant No.1 was not included as a party or as an LR of defendant No.1 when the application was filed. Later, the plaintiffs filed an application for impleading. Since there was a delay in filing the impleading application, the plaintiffs filed application for the condonation of delay. The trial Court allowed the said applications on the ground that since the other LRs of defendant No.1 were - 7 - NC: 2025:KHC:6003 WP No. 35588 of 2024 already on record in the suit, the suit would not abate. Therefore, there is no error or illegality in the order passed by the trial Court. 3. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 25