- 1 - HC-KAR NC: 2025:KHC:48773 WP No. 4344 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 4344 OF 2020 (GM-CPC) BETWEEN: 1. SRI RUDRAIAH S/O SIDDAGANGAIAH AGEDA BOUT 65 YEARS. 2. SMT. SIDDAGANGAMMA W/O RUDRAIAH AGED ABOUT 55 YEARS. 3. SRI R. GANGADHARA S/O RUDRAIAH AGED ABOUT 33 YEARS. 4. SRI R HEMANTHA KUMAR S/O RUDRAIAH AGED ABOUT 30 YEARS. 5. SRI R KIRAN KUMAR S/O RUDRAIAH AGED ABOUT 28 YEARS. ALL ARE RESIDING AT 3RD BLOCK HOLALKERE ROAD NBEASR NEELAKANTESHWARA TEMPLE CHITRADURGA TALUK AN DIST.-577 501. …PETITIONERS (BY SRI SIDDAPPA B.M, ADV.) AND: 1. SRI R.N. MAHENDRA KUMAR S/O R. NINGAPPA AGED ABOUT 38 YEARS. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48773 WP No. 4344 of 2020 2. SMT. B. BHAGYALAKSHMI W/O R.N. MAHENDRA KUMAR AGED ABOUT 31 YEARS. BOTH ARE RESIDING AT 3RD BLOCK BURUJANAHATTI, SIHINEERU HONDA ROAD, CHITRADURGA TALUK AND DIST. - 577 501. 3. SRI R. VEERABHADRA S/O RUDRAIAH AGED ABOUT 27 YEARS RESIDING AT 3RD BLOCK HOLALKERE ROAD NBEASR NEELAKANTESHWARA TEMPLE, CHITRADURGA TALUK AND DIST - 577 501. …RESPONDENTS (R-1 TO R-3 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED PRL SENIOR CIVIL JUDGE CHITRADURGA IN O.S.NO.20 OF 2016 ON IA FILED UNDER ORDER 1 RULE 10 CPC R/W SECTION 151 OF CPC WHICH IS REFERRED AS APPLICATION FILED UNDER ORDER 1 RULE 3 R/W SECTION 151 OF CPC DATED 03.01.2020 VIDE ANNEXURE-G AND ORDER PASSED ON I.A.NO.VI FILED UNDER ORDER VI RULE 17 CPC R/W SECTION 151 OF CPC IN O.S.NO.20 OF 2016 ON 21.01.2020 VIDE ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition is filed assailing the order dated 03.01.2020 passed on an application filed under Order I Rule 3 read with Section 151 CPC and the order dated 21.01.2020 - 3 - HC-KAR NC: 2025:KHC:48773 WP No. 4344 of 2020 passed on IA-6 filed under Order VI Rule 17 read with Section 151 CPC, in O.S.No.20/2016 by the Court of Prl. Senior Civil Judge, Chitradurga. 2. Learned Counsel for the petitioners after arguing the matter for sometime, submits that petitioners may be permitted to withdraw the application filed under Order I Rule 3 read with Section 151 CPC and the application filed under Order VI Rule 17 read with Section 151 CPC (IA-6) in O.S.No.20/2016 and file fresh applications before the Trial Court, and the Trial Court may be directed to consider the said applications on merits without being influenced by the orders impugned in this writ petition. 3. The respondents who are served in the matter, have remained unrepresented before this Court. 4. Perusal of the material on record would go to show that the prayer made in the applications on behalf of the petitioners has been principally rejected by the Trial Court on the ground that the applications were found to be defective. Under the circumstances, I am of the opinion that the prayer made by the - 4 - HC-KAR NC: 2025:KHC:48773 WP No. 4344 of 2020 petitioners to permit them to withdraw the aforesaid two applications needs to be granted. Accordingly, the following order: 5. Writ petition is disposed of. The petitioners are permitted to withdraw the aforesaid two applications filed on behalf of the petitioners in O.S.No.20/2016 with liberty to file fresh applications seeking the relief sought for in the aforesaid applications and if such applications are filed before the Trial Court within a period of two weeks from the date of receipt of the certified copy of this order, the Trial shall consider the same on merits after hearing all the parties in accordance with law, without being influenced by its earlier orders which are impugned in this writ petition. All contentions urged are left open. Sd/- (S VISHWAJITH SHETTY) JUDGE KK