- 1 - HC-KAR NC: 2025:KHC:48509 WP No. 5792 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5792 OF 2022 (GM-CPC) BETWEEN: 1. SMT M SHEELA, W/O SRI A N RAMCHANDRA, AGED ABOUT 49 YEARS, R/ANO50/A, NEW TIMBER, YARD LAYOUT, MYSORE ROAD, BENGALURU - 560 026. &PETITIONER (BY SRI. SHIVARAMU H C., ADVOCATE) AND: 1. SRI B G MUDALAPPA, S/O LATE GOVINDAIAH @ GOVINDAPPA, AGED ABOUT 66 YEARS, R/AT BETTAHALLI PALYA, KUDURU HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 561 101. 2. SRI B G VENKATESHAPPA, S/O LATE GOVINDAIAH @ GOVINDAPPA, AGED ABOUT 64 YEARS, R/AT BETTAHALLI PALYA, KUDURU HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 561 101. 3. SRI B G RANGAPPA, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48509 WP No. 5792 of 2022 S/O LATE GOVINDAIAH @ GOVINDAPPA, AGED ABOUT 70 YEARS, R/AT BETTAHALLI PALYA, KUDURU HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 561 101. 4. SMT GANGAMMA, W/O SRI B G RANGAPPA, AGED ABOUT 62 YEARS, R/AT BETTAHALLI PALYA, KUDURU HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 561 101. 5. SMT GANGAMMA, D/O LATE GOVINDAIAH @ GOVINDAPPA, AGED ABOUT 78 YEARS, R/AT GEDDALAHALLI VILLAGE, MADALAKOTE POST, KASABA HOBLI, NELAMANGALA TALUK - 562 123. PH 9632766560. 6. SMT RANGAMMA, D/O LATE GOVINDAIAH @ GOVINDAPPA, W/O LATE VENKATAPPA, AGED ABOUT 76 YEARS, RESIDING AT BYLAPPA PALYA, MADAVARA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 562 162. PH 9901831546. 7. SMT THIMMAKKA, D/OLATE GOVINDAIAH @ GOVINDAPPA, W/O SRI.VENKACHALAIAH, AGED ABOUT 71 YEARS, R/AT KANNAUR GRAMA, MARASANDRA POST, - 3 - HC-KAR NC: 2025:KHC:48509 WP No. 5792 of 2022 KUDURU HOBLI, MAGADI TALUK - 561 101. PH 9740177487. 8. SMT LAKSHMAMMA, D/OLATE GOVINDAIAH @ GOVINDAPPA, W/O SRI MUTHRAYAPPA, AGED ABOUT 65 YEARS, MARUTHI NILAYA, WARD NO.17, BEHIND MUNICIPAL QUARTERS, SUBASH NAGAR, NELAMANGALA TOWN - 562 123. PH NO 9741144524 9. SMT ANUSUYAMMA, D/O LATE GOVINDAIAH @ GOVINDAPPA, W/O SRI CHANNAPPA @ VIDEO CHANNAPPA AGED ABOUT 49 YEARS, RESIDING AT ANUGRAHA NILAYA, HALINAGANGAPPA LAYOUT, CHIKKABIDRAKALLU, NAGASANDRA POST, BENGALURU NORTH TALUK - 560 073. PH 9980571315. &RESPONDENTS (BY SRI.MAHANTESH SHETTAR., ADVOCATE FOR R-1 & R-2; SRI.PRASHANTH S., ADVOCATE FOR SRI.K.VIJAYA KUMAR, ADVOCATE FOR R-3 & R-4) THIS W.P. IS FILED UNDER ARICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 21.01.2022 PASSED ON IA.NO.3 IN O.S.NO.281/2018 PENDING ON THE FILE OF THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MAGADI MARKED AS ANNX-G AND ETC., - 4 - HC-KAR NC: 2025:KHC:48509 WP No. 5792 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Learned counsel for respondent has raised an objection with regard to maintainability of the petition on the ground that order impugned is passed under Order 7 Rule 11(d) of CPC and therefore, petitioner is required to file a civil revision petition challenging the said order. 2. Learned Counsel for the petitioner placing reliance on the judgment of the Hon'ble Supreme Court in the case of RAJ SHRI AGARWAL ALIAS RAM SHRI AGARWAL AND ANOTHER VS. SUDHEER MOHAN AND OTHERS reported in (2022) SCC ONLINE SC 1775 submits that the petitioner may be permitted to convert this writ petition into a civil revision petition. He has filed a memo to the said defect. 3. Submission and memo is taken on record. - 5 - HC-KAR NC: 2025:KHC:48509 WP No. 5792 of 2022 4. Petitioner is permitted to convert this writ petition into a civil revision petition as held in the case of RAJ SHRI AGARWAL (supra). For statistical purpose, this writ petition stands disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 9