- 1 - HC-KAR NC: 2025:KHC:44496 WP No. 18151 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 18151 OF 2021 (GM-CPC) BETWEEN: 1. SMT. SIDDAMMA, SINCE DEAD BY HER LRS. D THIMANNA, SINCE DEAD BY HIS LRS. SMT. H M NAGAMMA, W/O LATE D THAMANNA, AGED ABOUT 58 YEARS, R/AT SOREKAYIDODDI, SATHANUR HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT. 2. SMT. S T USHA RANI, W/O S THEJASVI, D/O LATE D THAMANNA, AGED ABOUT 35 YEARS, R/AT HOSABUDANURU VILLAGE AND POST, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT. 3. SRI S T BHARATH, S/O LATE D THAMANNA, AGED ABOUT 33 YEARS, R/AT SOREKAYIDODDI, SATHANUR HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44496 WP No. 18151 of 2021 4. SMT. MAHADEVAMMA @ THAYAMMA, D/O LATE DUNDA MADEGOWDA AND SMT. SIDDAMMA, AGED ABOUT 62 YEARS, R/AT YADAMARANAHALLI VILLAGE, UYYAMBALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT. 5. D PUTTASWAMY, S/O LATE DUNDA MADEGOWDA AND SMT. SIDDAMMA, AGED ABOUT 59 YEARS, R/AT IJOOR, POPULAR TOWN RAMANAGARA TOWN, RAMANAGARA DISTRICT. 6. SMT. GOWRAMMA, D/O LATE DUNDA MADEGOWDA AND SMT. SIDDAMMA, AGED ABOUT 55 YEARS, R/AT SOREKAYIDODDI VILLAGE, SATHANUR HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT. …PETITIONERS (BY SRI S RAJU, ADVOCATE) AND: 1. SMT. RATHIMA BI, W/O LATE N S BASHA, AGED ABOUT 73 YEAR. 2. ATHIQ AHMED, S/O LATE N B SARDAR AHMED, AGED ABOUT 29 YEARS. 3. SMT. KAHNESH BEGUM, D/O LATE N B SARDAR AHMED, AGED ABOUT 27 YEARS. - 3 - HC-KAR NC: 2025:KHC:44496 WP No. 18151 of 2021 4. 4(a) 4(b) 4(c) N B NISSAR AHMED, S/O LATE N S BASHA, AGED ABOUT 44 YEARS. SMT. FARZANA BEGUM, W/O LATE NISSAR AHMED, AGED ABOUT 52 YEARS. SRI KABEER AHMED, S/O LATE NISSAR AHMED, AGED ABOUT 33 YEARS. 4(a) & 4(b) ARE R/AT D.NO.28, SARAKKI RING ROAD, 1ST MAIN, 3RD CROSS, RAMAKRISHNA NAGAR, BENGALURU-560 078. SMT. FILZA AHMED, D/O LATE NISSAR AHMED, W/O ATHEQ AHMED, AGED ABOUT 25 YEARS, R/AT NO.563, 1ST MAIN, 3RD CROSS, MUNIYAPPA COMPOUND, ILIYAZ NAGAR, J.P NAGAR, BENGALURU-560 078. 5. 5(a) 5(b) N B IRSHAD AHMED, S/O LATE N S BASHA, AGED ABOUT 46 YEARS. SMT. SAGIRA BANU, W/O LATE IRSHAD AHMED, AGED ABOUT 50 YEARS. SRI SALMAN KHAN, S/O LATE IRSHAD AHMED, AGED ABOUT 33 YEARS. - 4 - HC-KAR NC: 2025:KHC:44496 WP No. 18151 of 2021 5(c) 5(d) SRI ALTAF, S/O LATE IRSHAD AHMED, AGED ABOUT 24 YEARS. 5(a) TO 5(c) ARE R/AT A-1 CHICKEN CENTRE, NEAR MELEKOTE GOVERNMENT HOSPITAL, OPP: KSRTC DEPOT, KANAKAPURA- RAMANAGARA DOAD, KANAPURA-562 117. SMT. AMRIN TAJ, D/O LATE IRSHAD AHMED, W/O SRI RU-ULLA, AGED ABOUT 28 YEARS, R/AT RANGANATHA EXTENSION, NEAR VINAYAKA THEATRE, MARASANDRA MAIN ROAD, HAROHALLI-562 112, KANAKAPURA TALUK. 6. N B RIYAZ AHMED, S/O LATE N S BASHA, AGED ABOUT 41 YEARS. R/AT AZAD NAGAR, BEHIND KSRTC DEPOT, KANAKAPURA TOWN, RAMANAGARA DISTRICT. 7. RAVI KUMAR @ RAVI PRAKASH H SINCE DEAD BY HIS LRS. SMT. YAMUNARANI. W/O LATE RAVI PRAKASH. AGED ABOUT 41 YEARS. 8. HARSHITHA, D/O LATE RAVI PRAKASH, AGED ABOUT 21 YEARS. - 5 - HC-KAR NC: 2025:KHC:44496 WP No. 18151 of 2021 9. AMULYA, D/O LATE RAVI PRAKASH, AGED ABOUT 19 YEARS. 10. BHOOMIKA D/O LATE RAVI PRAKASH, AGED ABOUT 17 YEARS, SINCE MINOR, REPRESENTED BY HER NEXT FRIEND, NATURAL GUARDIAN AND MOTHER, SMT. YAMUNARANI, RESPONDENT NO.7 HEREIN. R(7) TO (10) ARE R/AT: HARIHARA VILLAGE, SATHANUR HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT. …RESPONDENTS (BY SRI JAGADEESHA RAO A, ADVOCATE FOR R1, R4(a) & R4(b), R6; SRI N.K KANTHARAJU, ADVOCATE FOR R7 TO R10; R4(C), R5(A) TO R5(D) SERVED- UNREPRESENTED; V/O DATED 20.01.2025, SERVICE OF NOTICE TO R-2 & R-3 IS H/S) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.08.2021 IN O.S.NO.54/2014 PASSED ON I.A.NO.21 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT KANAKAPURA VIDE ANNEXURE-E. 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 - 6 - HC-KAR NC: 2025:KHC:44496 WP No. 18151 of 2021 ORAL ORDER 1. Learned Counsel for the petitioners submits that as against the order passed on IA no.21 rejecting the plaint in O.S.No.54/2014, petitioners have filed R.A.No.2/2024 which is pending consideration. Therefore, this writ petition may be dismissed as not pressed with liberty to the petitioners to file a fresh application in the event he succeeds in R.A.No.2/2024. A memo is also filed to the said effect. 2. The aforesaid submissions and the memo filed are taken on record. Writ petition is dismissed as withdrawn with liberty as prayed for. Sd/ (S VISHWAJITH SHETTY) JUDGE KK