- 1 - HC-KAR NC: 2025:KHC:44822 WP No. 15401 of 2024 C/W WP No. 14943 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15401 OF 2024 (GM-CPC) C/W WRIT PETITION NO. 14943 OF 2024 (GM-CPC) IN WP No. 15401/2024: BETWEEN: SRI H. NARAYANAPPA S/O LATE HANUMAIAH AGED ABOUT 44 YEARS R/AT KACHOHALLI VILLAGE LAKSHMIPURA POST DASANAPURA HOBLI BANGALORE NORTH TALUK - 560 073. …PETITIONER (BY SRI M.B. CHANDRACHOODA, ADV.) AND: 1. SMT. JAMEELA BEGUM W/O G. ABDUL RAHEEM AGED ABOUT 60 YEARS R/AT NO.90, K N RAMIAH LAYOUT BEHJIND AYYAPPA TEMPLE K.R. PURAM, BANGALORE - 560 036. 2. SRI N. MANJUNATHA S/O H. NARAZYANAPPA AGED 32 YEARS. 3. SRI N. ARUNA S/O H. NARAYARIAPPA AGED 30 YEARS. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44822 WP No. 15401 of 2024 C/W WP No. 14943 of 2024 4. SRI ANJANAPPA S/O LATE HANUMAIAH AGED 70 YEARS. 5. SRI MUTHU RAJ S/O ANJANAPPA AGED MAJOR. 6. SRI VENKATAPPA S/O LATE HANUMAIAH AGED 75 YEARS. 7. SRI VENKATESH GOWDA S/O VEKATAPPA AGED 45 YEARS. 8. SRI MUNEGOWDA S/O VENKATAPPA AGED 43 YEARS. 9. SRI NARASIMHAIAH S/O LATE MUTHAPPA AGED 52 YEARS. RESPONDENT NO.2 TO 9 ARE RESIDING AT KACHOHALLI VILLAGE LAKSHMIPURA POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK - 560 073. …RESPONDENTS (BY SRI RAVINDRANATH K, ADV., FOR R-1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19/03/2024 PASSED ON I.A.NO.10 FILED U/O 26 RULE 9 OF CPC IN O.S.NO.466/2013 ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JMFC, NELMANGALA, VIDE ANNEXURE-E, BY ISSUE OF WRIT OF CERTIORARI. IN WP NO. 14943/2024: BETWEEN: 1. SRI. H. NARAYANAPPA S/O LATE HANUMAIAH, AGED 64 YEARS, - 3 - HC-KAR NC: 2025:KHC:44822 WP No. 15401 of 2024 C/W WP No. 14943 of 2024 R/AT KACHOHALLI VILLAGE, LAKSHMIPURA POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK 560073. (SENIOR CITIZEN NOT CLAIMED) ...PETITIONER (BY SRI M.B. CHANDRACHOODA, ADV.) AND: 1. SMT. HASEENA W/O C. ANWARJAN AGED ABOUT 48 YEARS R/AT NO.90, K.N. RAMIAH LAYOUT BEHJIND AYYAPPA TEMPLE K.R. PURAM, BANGALORE - 560 036. 2. SRI N. MANJUNATHA S/O H. NARAZYANAPPA AGED 32 YEARS. 3. SRI N. ARUNA S/O H. NARAYARIAPPA AGED 30 YEARS. 4. SRI ANJANAPPA S/O LATE HANUMAIAH AGED 70 YEARS. 5. SRI MUTHU RAJ S/O ANJANAPPA AGED MAJOR. 6. SRI VENKATAPPA S/O LATE HANUMAIAH AGED 75 YEARS. 7. SRI VENKATESH GOWDA S/O VEKATAPPA AGED 45 YEARS. 8. SRI MUNEGOWDA S/O VENKATAPPA AGED 43 YEARS. - 4 - HC-KAR NC: 2025:KHC:44822 WP No. 15401 of 2024 C/W WP No. 14943 of 2024 9. SRI NARASIMHAIAH S/O LATE MUTHAPPA AGED 52 YEARS. RESPONDENT NO.2 TO 9 ARE RESIDING AT KACHOHALLI VILLAGE LAKSHMIPURA POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK - 560 073. ...RESPONDENTS (BY SRI RAVINDRANATH K, ADV., FOR R-1; V/O/D 22.08.2024, NOTICE TO R-2 TO R-9 IS D/W) THIS WP IS FILED PRAYING TO QUASH THE ORDER DATED 15/02/2024 PASSED ON IA NO. 9 FILED U/O 26 RULE 9 OF CPC IN OS NO. 464/2013 ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC, NELAMANGALA, VIDE ANNEXURE-E, BY ISSUE OF WRIT OF CERTIORARI. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. These two writ petitions arise out of the orders passed on IA nos.9 & 10 in O.S.No.468/2013 and O.S.No.466/2013, respectively, passed by the Court of III Addl. Civil Judge & JMFC, Nelamangala. 2. Learned Counsel for the petitioners after arguing the matter for sometime, submits that these petitions may be disposed of reserving liberty to the petitioners to raise the grounds urged in these writ petitions as provided under Section - 5 - HC-KAR NC: 2025:KHC:44822 WP No. 15401 of 2024 C/W WP No. 14943 of 2024 105 CPC in the regular appeal, in the event, the Trial Court passes a decree in O.S.No.468/2013 & O.S.No.466/2013 adverse to the interest of the petitioners. 3. The aforesaid submission is placed on record. Writ petitions are disposed of, with liberty as prayed for. Sd/- (S VISHWAJITH SHETTY) JUDGE KK