- 1 - HC-KAR NC: 2025:KHC:45748 WP No. 18554 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 18554 OF 2025 (GM-CPC) BETWEEN: 1. SMT SHANTHAMMA W/O LATE GANGAMARAIAH, AGED ABOUT 61 YEARS, R/AT NO. 76, 5TH CROSS, MANASA LAYOUT, KENGERI, BENGALORE - 560060. …PETITIONER (BY SRI. GANGARAJU C., ADVOCATE) AND: 1. LAKSHMAMMA S/O LATE KRISHNAPPA, AGED ABOUT 69 YEARS 2. RAJANNA S/O LATE LAKKAMMA AGED ABOUT 50 YEARS, 3. MAREGOWDA S/O LATE LAKKAMMA AGED ABOUT 48 YEARS 4. KRISHNAPPA S/O LATE LAKKAMMA AGED ABOUT 46 YEARS Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA BENGALURU - 2 - HC-KAR NC: 2025:KHC:45748 WP No. 18554 of 2025 5. LAKKAMMA S/O LATE MUNIMARAIAH AGED ABOUT 60 YEARS 6. MUNIHANUMAMMA D/O LATE MUNIMARAIAH AGED ABOUT 50 YEARS 7. LAKSHMAMMA W/O LATE MUNIMARAIAH AGED ABOUT 55 YEARS 8. MAHALAKSHMI D/O LATE MUNIMARAIAH AGED ABOUT 40 YEARS 9. JAYALAKSHMI W/O LATE CHANDRAPPA AGED ABOUT 55 YEARS 10. SRI VINAY S/O LATE CHANDRAPPA, AGED ABOUT 40 YEARS 11. SOUMYA D/O LATE CHANDRAPPA AGED ABOUT 35 YEARS R1 TO R11 ARE R/AT GANGENAHALLI VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK BENGALURU URBAN DISTRICT PIN - 562130 - 3 - HC-KAR NC: 2025:KHC:45748 WP No. 18554 of 2025 12. VEENA W/O UPENDRA KUMAR, AGED ABOUT 55 YEARS, R/AT YALACHAKUPPE (V) TAVAREKERE HOBLI, BENGALURU SOUTH TALUK BENGALURU URBAN DISTRICT PIN - 562130 13. NARASAMMA W/O GOWDAMAGADAPPA, AGED ABOUT 60 YEARS, R./AT LAKSHMIPURA VILLAGE, TAVAREKERE HOBLI BENGALURU SOUTH TALUK, BENGALURU URBAN DISTRICT PIN - 562130 14. JAYALAKSHMI D/O LATE K SANJEEVAMMA, AGED ABOUT 40 YEARS 15. GOVINDAPPA S/O LATE K SANJEEVAMMA AGED ABOUT 45 YEARS 16. NARASIMHA MURTHY S/O LATE K SANJEEVAMMA, AGED ABOUT 43 YEARS 17. KRISHNAMURTHY S/O LATE K SANJEEVAMMA AGED ABOUT 44 YEARS R14 TO R17 ARE R/AT - 4 - HC-KAR NC: 2025:KHC:45748 WP No. 18554 of 2025 BISALAHALLI VILLAGE, HEBBUR HOBLI, TUMAKUR TALUK, TUMAKUR DISTRICT - 572120 18. PUTTAMMA W/O MARAIAH AGED ABOUT 50 YEARS, R/AT MIDACHAIAHNAPALYA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU URBAN DISTRICT PIN -562130 19. NINGAMMA D/O LATE LAKSHMAMMA AGED ABOUT 45 YEARS 20. LALITHA D/O LATE LAKSHMAMMA AGED ABOUT 43 YEARS 21. ARASAMMA D/O LAKSHMAMMA AGED ABOUT 45 YEARS 22. YASHODHA D/O LAKSHMAMMA AGED ABOUT 41 YEARS RESPONDENTS NO.19 TO 22 ARE R/AT CHOLANAYAKANAHALLI VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK BENGALURU URBAN DISTRICT PIN - 562130. - 5 - HC-KAR NC: 2025:KHC:45748 WP No. 18554 of 2025 23. MARAKKA W/O UMAPATHI, AGED ABOUT 40 YEARS, R/AT METIPALY VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU URBAN DISTRICT PIN - 562130 24. C.V.GANGARAJU S/O SMT.LAKSHMAMMA AGED ABOUT 47 YEARS, 25. SMT.GEETHA W/O LATE C V KRISHNAMURTHY AGED ABOUT 33 YEARS, 26. MASTER C.K. KSRIHNAMURTHY S/O LATE C V KRISHNAMURTHY AGED ABOUT 14 YEARS, MINOR REPRESENTED BY HIS MOTHER SMT.GEETHA, 27. MASTER PRATHAP GOWDA S/O LATE C V KRISHNAMURTHY, AGED ABOUT, 10 YEARS, MINOR REPRESENTED BY HIS MOTHER SMT.GEETHA, 28. C.V.HANUMANTHI S/O SMT, LAKSHMAMMA, AGED ABOUT 36 YEARS, RESPONDENTS NO.24 TO 28 ARE R/AT CHOLANAYAKANAHALLI VILLAGE, CHOLANAYAKANAHALLI POST, - 6 - HC-KAR NC: 2025:KHC:45748 WP No. 18554 of 2025 TAVAREKERE POST, TAVAREKERE HOBLI, BENGALURU-562130. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24/3/2025 PASSED IN F.D.P. NO.10/2020 BY IN THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC AT MAGADI, BY ALLOWING THE IA. NO. VI FILED UNDER ORDER XXVI RULE 9 READ WITH SECTION 151 OF CPC FILED BY THE PLAINTIFF/1ST RESPONDENT IN F.D.P. NO. 10/2020 ATANNEXURE- A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition seeks to challenge the order dated 24.03.2025 passed in FDP No.10/2020. By the impugned order, an application under Order XXVI Rule 9 read with Section 151 of Code of Civil Procedure, 1908 has been filed by the plaintiff - respondent No.1, has been allowed. 2. The impugned order is a ancillary order after a preliminary decree was passed by the learned Trial - 7 - HC-KAR NC: 2025:KHC:45748 WP No. 18554 of 2025 Court on 05.03.2000 apportioning share of the suit properties. 3. Learned counsel appearing for the petitioner submits that the preliminary decree dated 05.03.2000 has also been challenged by way of proceedings before appropriate forum in R.A. No.48/2020. 4. After some arguments, learned counsel for the petitioner submits that he would be filing an appropriate application before the appellate Court to expeditiously decide the Appeal. He seeks and is permitted to withdraw the present petition with liberty to approach the appellate court for expeditious disposal. 5. The petition stands disposed of with the liberty as prayed for. Sd/- (TARA VITASTA GANJU) JUDGE SS List No.: 1 Sl No.: 2