- 1 - HC-KAR NC: 2025:KHC:30044 WP No. 22081 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.22081 OF 2025 (GM-CPC) BETWEEN: 1. SMT. JAYAMMA W/O. LATE RANGASWAMY, AGED ABOUT 78 YEARS RESIDING AT NO. 1214, RAMASWAMY BUILDING, OLD POST OFFICE ROAD, YELAHANKA, BENGALURU-560064. 2. SMT. RANGAMMA, W/O. VENKATESH, AGED ABOUT 58 YEARS RESIDING AT RANGAMMA BUILDING, BEHIND OLD MIDDLE SCHOOL, YELHANKA, BENGALURU-560064. 3. SMT. JAYANTHI, W/O. NAGARAJU (TILES FACTORY), AGED ABOUT 54 YEARS RESIDING AT 3RD CROSS, GANDHINAGAR, NEXT TO MULAVYA HOSPITAL, BEHIND CORPORATION BANK, YELAHANKA, BENGALURU-560064. 4. SMT. YASHODA, W/O. NAGARAJU, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30044 WP No. 22081 of 2025 AGED ABOUT 50 YEARS RESIDING AT NO.31, JAYANNA BADAVANE, KOGILU MAIN ROAD, YELHANKA, BENGALURU-560064. 5. SMT. MANJU, W/O. GADARI HANUMANTHARAYAPPA, AGED ABOUT 50 YEARS RESIDING AT GADARI NILAYA, DOBHI GHAT ROAD, TUMAKURU ROAD, TUMAKURU DISTRICT-560021. 6. SRI. SHIVARAMU Y.R., S/O. LATE RANGASWAMAPPA, AGED ABOUT 48 YEARS RESIDING AT NO.1214, C/O RANGASWAMY BUILDING, OLD POST OFFICE ROAD, YELHANKA, BENGALURU-560064. …PETITIONERS (BY SRI. SUNIL S. RAO, ADVOCATE) AND: 1. SMT. RANGAMMA W/O, KRISHNAPPA, AGED ABOUT 73 YEARS, BEHIND OLD MIDDLE SCHOOL, NEAR NAGESHAPPA BUILDING, YELHANKA, BENGALURU-560064. 2. SMT. JAYAMMA, W/O LATE MUNIRAJU AGED ABOUT 71 YEARS, RESIDING AT NO.28, 25TH CROSS, 6TH BLOCK, - 3 - HC-KAR NC: 2025:KHC:30044 WP No. 22081 of 2025 JAYANAGAR, BENGALURU-560011. 3. SMT. PUTTAMMA, W/O. RAMAIAH, AGED ABOUT 67 YEARS, RESIDING AT OLD POST OFFICE ROAD, NEAR PILLAMMA BUILDING, YELAHANKA, BENGALURU-560064. 4. SMT. SHANTAMMA, W/O. BASAVARAJU, AGED ABOUT 65 YEARS, RESIDING AT KURLAPPA LAYOUT, 7TH CROSS, MARUTHI NAGAR, YELAHANKA, BENGALURU-560064 5. SRI. CHIKKAMARDIYAPPA AGED ABOUT 70 YEARS, S/O. LATE C. NAGAPPA, RESIDING AT C/O. CHIKKANNA BUILDING, OLD POST OFFICE ROAD, YELAHANKA, BENGALURU-560064. 6. SRI. NARAYANAPPA, AGED ABOUT 69 YEARS, S/O. LATE C. NAGAPPA, RESIDING AT LORRY NARAYANAPPA BUILDING, VOKKALIGARA BEEDI, HOSA BEEDI, YELAHANKA, BENGALURU-560064. 7. SMT. SHARADAMMA, W/O. LATE. GOPALAPPA, AGED ABOUT 68 YEARS, 8. SRI. RANGANATH S/O. LATE. GOPALAPPA, AGED ABOUT 47 YEARS, - 4 - HC-KAR NC: 2025:KHC:30044 WP No. 22081 of 2025 9. SRI. MANJUNATH S/O. LATE. GOPALAPPA, AGED ABOUT 45 YEARS, 10. SRI. SURESH S/O. LATE. GOPALAPPA, AGED ABOUT 43 YEARS, RESPONDENTS NO.7 TO 10 ARE R/AT NAGAPPA BUILDING OLD POST OFFICE ROAD, NEAR MOHAN RAO HOTEL, YELAHANKA, BENGALURU-560064. 11. SMT. HANUMAKKA, W/O. LATE RAMAKRISHNAPPA, AGED ABOUT 63 YEARS, RESIDING AT VOKKALIGARA BEEDI, HOSA BEEDI, NEAR DEVARAJAPPA BUILDING, YELAHANKA, BENGALURU-560064. 12. SRI. R. RAVI, S/O. LATE RAMAKRISHNAPPA, AGED ABOUT 50 YEARS, RESIDING AT VOKKALIGARA BEEDI, HOSA BEEDI, NEAR DEVARAJAPPA BUILDING, YELAHANKA, BENGALURU-560064. 13. SRI. R. VENUGOPALA, S/O. LATE RAMAKRISHNAPPA, AGED ABOUT 39 YEARS, RESIDING AT VOKKALIGARA BEEDI, HOSA BEEDI, NEAR DEVARAJAPPA BUILDING, YELAHANKA, BENGALURU-560064. 14. SRI. R. MANJUNATHA, S/O. LATE RAMAKRISHNAPPA, AGED ABOUT 37 YEARS, - 5 - HC-KAR NC: 2025:KHC:30044 WP No. 22081 of 2025 RESIDING AT VOKKALIGARA BEEDI, HOSA BEEDI, NEAR DEVARAJAPPA BUILDING, YELAHANKA, BENGALURU-560064. 15. SRI. PUTTARAJAPPA. Y. K. S/O. LATE KRISHNAPPA, AGED ABOUT 75 YEARS, RESIDING AT PUTTARAJAPPA BUILDING, NEAR M.E.C. SCHOOL, GANDHINAGAR, YELAHANKA, BENGALURU - 560 064. 16. SRI. KUMAR Y.K. S/O. LATE KRISHNAPPA, AGED ABOUT 62 YEARS, RESIDING AT PUTTARAJAPPA BUILDING, NEAR M.E.C. SCHOOL, GANDHINAGAR, YELAHANKA, BENGALURU-560 064. 17. SRINIVAS Y.K. S/O. LATE KRISHNAPPA, AGED ABOUT 61 YEARS. RESIDING AT PUTTARAJAPPA BUILDING. NEAR M.E.C. SCHOOL, GANDHINAGAR, YELAHANKA, BENGALURU 560 064. 18. SRI. NARAYANA MURTHY Y.K. S/O. LATE KRISHNAPPA, AGED ABOUT 60 YEARS, RESIDING AT 3RD CROSS, GANDHINAGAR, YELAHANKA, BENGALURU 560 064. 19. SRI. RANGASWAMY Y.K. S/O. LATE KRISHNAPPA, AGED ABOUT 72 YEARS, RESIDING AT PUTTARAJAPPA BUILDING, - 6 - HC-KAR NC: 2025:KHC:30044 WP No. 22081 of 2025 NEAR M.E.C. SCHOOL, GANDHINAGAR, YELAHANKA, BENGALURU 560 064. 20. SRI. BABU Y.K. S/O. LATE KRISHNAPPA AGED ABOUT 65 YEARS, RESIDING AT NO 640, VOKKALIGARA BEEDI, OLD PRIMARY SCHOOL ROAD, BENGALURU-560064. 21. SMT. RANGAMMA W/O. LATE, NARAYANA MURTHY, AGED ABOUT 80 YEARS, RESIDING AT SEENAPPA BUILDING, NEAR M.E.C. SCHOOL, GANDHINAGAR, YELAHANKA, BENGALURU - 560 064. 22. SMT. NAGARATHNA, W/O. LORRY NARAYANAPPA, AGED ABOUT 69 YEARS, VOKKALIGARA BEEDI, HOSABEEDI CROSS, YELAHANKA, BENGALURU-560 064. 23. SMT. NARASAMMA, W/O. LATE VASU, AGED ABOUT 55 YEARS, C/O. K. RANGAPPA BUILDING, OPP. TO PLAGAMMA TEMPLE, HOSABEEDI, YELAHANKA, BENGALURU 560 064. 24. SRI. VENKATESH N @ SRINIVAS AGED ABOUT 60 YEARS, S/O. LATE NARAYANAPPA, RESIDING AT NO.118, RANGAMMA BUILDING, ANJINAPPA BLOCK, - 7 - HC-KAR NC: 2025:KHC:30044 WP No. 22081 of 2025 BEHIND OLD PRIMARY SCHOOL, DOWN BAZAR ROAD, YELAHANKA, BENGALURU-560-064. 25. SMT. SHARADAMMA W/O. LATE SRINIVAS S., AGED ABOUT 52 YEARS. 26. HARISH S/O. LATE SRINIVAS S., AGED ABOUT 30 YEARS. 27. MANJUNATH, S/O. LATE SRINIVAS S., AGED ABOUT 27 YEARS. RESPONDENTS NO.25 TO 27 ARE RESIDING AT NO.1329/A, 3RD CROSS, 3RD MAIN, GANDHINAGAR, YELAHANKA, BENGALURU 560 064. …RESPONDENTS (BY SRI. T.N.VISHWANATHA, ADVOCATE FOR C/R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF THE IMPUGNED ORDER DATED 04.07.2025 ONE PASSED BY THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY ON IA NO.1/2024 IN O.S. NO.8935/2021 FOUND AT ANNEXURE -A TO THE WRIT PETITION AND TO GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS IN O.S.NO.8935/2012 ON THE FILE OF XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PENDING DISPOSAL OF THE ABOVE WRIT PETITION. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC:30044 WP No. 22081 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayer: "I) Issue a Writ of Certiorari or any other Writ or order or direction for quashing of the impugned order dated 04.07.2025, one passed by the XXXIX Additional City Civil and Sessions Judge, Bengaluru City on I.A.No.1/2024 in O.S.No.8935/2012 found at Annexure ‘A’ to the Writ Petition. II) And to grant such other relief or relief's, which this Hon'ble Court deems fit to grant under the circumstances of the case, including awarding of costs in the ends of justice. 2. Heard Sri.Sunil Rao, learned counsel appearing for the petitioners and Sri.T.N.Vishwanatha, learned counsel appearing for Caveator respondent No.1 to respondent No.4 and have perused the material on record. 3. The learned counsel Sunil.S.Rao after arguing the matter at length would seek leave of this Court to restrict his prayer to urge the contention advanced in the subject petition before the concerned Court as obtaining under Section 105 of the CPC would place these submissions by way of arguments. - 9 - HC-KAR NC: 2025:KHC:30044 WP No. 22081 of 2025 4. In the light of the said submission, I deem it appropriate to dispose the petition reserving such liberty if available in law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHS List No.: 1 Sl No.: 75