- 1 - NC: 2025:KHC:10487 WP No. 35394 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35394 OF 2024 (GM-CPC) BETWEEN: 1. SRI MOPURU VENKATESH S/O SRI. M. YELLAREDDY AGED ABOUT 43 YEARS 2. SMT. SIRIGIRI SHILPA D/O SIRIGIRINAGESHWARA AGED ABOUT 40 YEARS BOTH OF R/AT FLAT NO.201 2ND FLOOR, SAPTAGIRI RESIDENCY-07 KATTRIGUPPE GOVT. SCHOOL KATTRIGUPPE,BANASHAKARI BSK II STAGE,BENGALURU-560085 …PETITIONERS (BY SMT. SUKANYA H D., ADVOCATE) AND: SRI N SRINIVAS S/O LATE. NARAYANAPPA AGED ABOUT 58 YEARS R/AT NO.20, CHOWDESHWARI NILAYA KAVERINAGAR, KATTRIGUPPE BANASHAKARI, BSK III STAGE BANGALORE-560085. …RESPONDENT Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10487 WP No. 35394 of 2024 (BY SRI. PRAVEEN R.,ADVOCATE FOR SRI. PRADEEP H.S., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN O.S.NO.2360/2024 ON I.A.NO.4 UNDER ORDER 13 RULE 3 AND 4 OF CPC REJECTED ON 09.12.2024 BY THE HON’BLE CCH.2 I ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU PRODUCED HEREWITH AS ANNEXURE-D 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 defendants under Article 227 of the Constitution of India, challenging the order dated 09.12.2024, passed on IA No.IV in O.S.No.2360/2024 by the I Additional City Civil and Sessions Judge, Bengaluru, whereby the said IA was rejected. 2. After service of summons, defendants appeared before the trial court. They have filed a written statement and they have also filed IA No.IV under Order XIII Rules 3 and 4 of CPC, seeking a direction to impound the - 3 - NC: 2025:KHC:10487 WP No. 35394 of 2024 agreement dated 30.04.2022, the trial court rejected the application. 3. The trial court has not assigned any reasons to reject the application. The impugned order is passed by the trial court without the application of mind and it is not a speaking order. On this ground alone, the writ petition requires to be allowed. 4. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 09.12.2024 passed on IA No.IV in O.S.No.2360/2024 by the I Additional City Civil and Sessions Judge, Bengaluru is set aside. (iii) The matter is remitted back to the trial court to re-consider the application filed by the petitioners/defendants under Order XIII Rules 3 and 4 of CPC, in accordance with - 4 - NC: 2025:KHC:10487 WP No. 35394 of 2024 law, after giving opportunity to both the parties and dispose of the application, as expeditiously as possible, within one month from the date of receipt of a copy of this order. (iv) In view of disposal of the main petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 44