- 1 - HC-KAR NC: 2025:KHC:48064 WP No. 1407 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 1407 OF 2021 (GM-AC) BETWEEN: SMT MALAMMA W/O LATE K RANGAPPA SINCE DEAD BY HER LRS 1. SRI B R RAMASWAMY S/O LATE K RANGAPPA AGED ABOUT 53 YEARS 2. SMT SHARADHAMMA D/O LATE K RANGAPPA AGED ABOUT 51 YEARS 3. SRI B R KRISHNAMURTHY S/O LATE K RANGAPPA AGED ABOUT 49 YEARS 4. SRI B R LAKSHMANA S/O LATE K RANGAPPA AGED ABOUT 47 YEARS ALL THE PETITIONERS ARE R/AT : AGRAHARA COLONY, JAVAGAL ROAD BANAVARA TOWN, ARASIKERE TALUK HASSAN DISTRICT - 573 112 …PETITIONERS (BY SRI. KIRAN KUMAR B., ADVOCATE SRI. KASHINATH J.D., ADVOCATE) AND: 1. SRI SHASHIDHARA C K S/O KUMARASWAMY AGED ABOUT MAJOR RESIDING AT CHALUVANAHALLI Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48064 WP No. 1407 of 2021 VILLAGE AND POST, BANAVARA HOBLI ARASIKERE TALUK HASSAN DISTRICT - 573 112 2. THE MANAGER SRIRAM GENERAL INSURANCE CO.LTD. OPPOSITE TO BOWRING HOSPITAL SHIVAJINAGARA BENGALURU - 560 021 3. SMT KENCHAMMA W/O LATE RANGAPPA AGED ABOUT 51 YEARS RESIDING AT BANUR VILLAGE SAKHARAYAPATNA HOBLI KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 135 4. SMT PREMA W/O BYRESH D/O RANGAPPA AGED ABOUT 33 YEARS RESIDING AT BANUR VILALGE SAKHARAYAPATNA HOBLI KADUR TALUK CHIKKAMAGALURU DISTRICT - 577 135 …RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE FOR R2, SRI. K.N. RAVI KUMAR, ADVOCATE FOR R3 AND R4; R1 - SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.03.2020 PASSED ON IA NO.1 FILED IN MVC NO.986/2019 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT ARASIKERE VIDE ANX-A AS ILLEGAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:48064 WP No. 1407 of 2021 ORAL ORDER Heard learned counsel appearing for the parties. 2. In this petition, the petitioner is assailing the Order dated 09.03.2020 passed on IA No.1 in MVC No.986 of 2019 on the file of Senior Civil Judge and JMFC, Arasikere. 3. Having taken note of the submission made by the learned Counsel for the parties and the finding recorded by the Tribunal on IA No.1 at paragraph No.10, it is noticed that, the finding would go against the averment made in paragraphs No.2 and 3 of the Affidavit, filed by the respondents No.3 and 4 herein, along with I.A No.1 (Annexure-C). 4. In that view of the matter, the Tribunal is directed to reconsider the application in IA No.1 on merits, by looking into the averments made in the Affidavit at paragraphs No.2 and 3, and pass appropriate orders at the earliest, in any event, within 3 months from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2025:KHC:48064 WP No. 1407 of 2021 5. Accordingly, the writ petition is allowed. The impugned order dated 09.03.2020 passed on IA.1 in MVC No.986/19 on the file of the Senior Civil Judge and JMFC, Arasikere, is hereby set aside. SD/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 36 CT-SG