- 1 - HC-KAR NC: 2025:KHC:39919 WP No. 35997 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 35997 OF 2019 (GM-CPC) BETWEEN: 1. SMT. RADAMMA D/O P. NARAYANAPPA AGED ABOUT 64 YEARS R/A NO.115, 2ND CROSS HAL 2ND STAGE OLD THIPPASANDRA BANGALORE - 560 008. 2. SMT. UMADEVI D/O P. NARAYANAPPA AGED ABOUT 62 YEARS R/A MALLANALLASANDRA VILLAGE JIGANI HOBLI & POST ANEKAL TALUK, BANGALORE RURAL DISTRICT - 560 105. 3. SMT. MUNIRATHNA D/O P. NARAYANAPPA AGED ABOUT 56 YEARS R/A NO.1/3A, ATTALVADI TALI POST, KRISHNAGIRI DISTRICT TENKANI KOTE TAMIL NADU - 653 118. PETITIONER NO.1 TO 3 ARE DULY REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI VISHWANATH S/O MUNIYAPPA AGED ABOUT 35 YEARS R/A NO.115, 2ND CROSS HAL 2ND STAGE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39919 WP No. 35997 of 2019 OLD THIPPASANDRA BANGALORE - 560 008. …PETITIONERS (BY SRI YOGESH V. KOTEMATH, ADV., FOR SRI VIRUPAKSHAIAH P.H, ADV.) AND: 1. SRI KRISHNA MURTHY S/O LATE P. NARAYANAPPA AGED ABOUT 48 YEARS R/O SUBBAYANAPALYA BANASAWADI M S NAGAR POST BANGALORE - 560 033. 2. SMT. N. SAROJA D/O LATE P. NARAYANAPPA AGED ABOUT 58 YEARS R/O SUBBAYANAPALYA BANASAWADI M S NAGAR POST BANGALORE - 560 033. 3. KUMARI K NALIN D/O LATE S N KODANDARAMA AGED ABOUT 25 YEARS R/A KAGEHOSAHALLI KATTIGANAHALLI HOBLI & POST HOSAKOTE TALUK BANGALORE RURAL DISTRICT - 562 114. …RESPONDENTS (BY SRI DARSHAN KUMAR S, ADV., FOR R-1; SRI B.G. THAMMAIAH, ADV., FOR R-3; V/O/D 14.07.2025 SERVICE OF NOTICE TO R-2 IS H/S) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER VIDE ANNEXURE-J DATED 05.07.2019 ON I.A.NO.7 & 8 IN O.S.NO.2378/2007 PASED BY XXXVIII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE BY ALLOWING THE APPLICATION BEARING I.A.NO.7 FILED BY THE PETITIONERS VIDE ANNEXURE-E AND REJECTING I.A.NO.8 FILED BY R-3 IN O.S.NO.2378/2007 VIDE ANNEXURE-G. - 3 - HC-KAR NC: 2025:KHC:39919 WP No. 35997 of 2019 THIS PETITION, COMING ON FOR PRELIMINARY HEARINGIN 'B GROUP', THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Learned Counsel for the petitioners submits that this petition may be dismissed as not pressed with liberty to the petitioner to file necessary application before the Trial Court for rejection of plaint. He submits that all contentions urged in this petition may be kept open to be urged in the application that is sought to be filed on behalf of the petitioners for rejection of plaint before the Trial Court. 2. The aforesaid submission and the memo filed on behalf of the petitioners in that regard are placed on record. Petition is dismissed as not pressed with liberty as prayed for. 3. All contentions urged in this petition are left open. Sd/- (S VISHWAJITH SHETTY) JUDGE KK