- 1 - HC-KAR NC: 2025:KHC:46923 WP No. 34275 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.34275 OF 2025 (GM-CPC) BETWEEN: MR. KARTHIK KRISHNA S/O MRS RAJYALAKSHMI AGED ABOUT 43 YEARS. R/AT 170/A, TARAKA 10TH MAIN ROAD. OPP.BWSSB WATER TANK. SADASHIVA NAGAR BENGALURU -560 080. …PETITIONER (BY SRI.D.R.RAVISHANKAR., SR.ADVOCATE FOR SRI. PONNANNA M B.,ADVOCATE) AND: 1. M/S. ABHYUDAYA EDUCATIONAL TRUST HAVING ITS REGISTERED OFFICE, NO.208, WESTMINSTER. NO. 13. CUNINGHAM ROAD, BENGALURU -560 052. REP. BY ITS MANAGING TRUSTEE & CHAIRMAN SRI M. KRISHNA 2. SRI M. KRISHNA, LIFE TIME MANAGING TRUSTEE & CHAIRMAN OF PLAINTIFF NO. 1 AGED ABOUT 76 YEARS, S/O LATE MUNIVENKATAPPA R/AT, NO. 263. 6TH A CROSS, 15TH MAIN ROAD RMV EXTENSION, SADASHIVA NAGAR BENGALURU -560 080 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46923 WP No. 34275 of 2025 3. SMT. PADMAVATI, LIFE TRUSTEE OF PLAINTIFF NO. 1, AGED ABOUT 58 YEARS. W/O SRI. M. KRISHNA R/AT, NO. 263 6TH A CROSS, 15TH MAIN ROAD RMV EXTENSION SADASHIVA NAGAR BENGALURU -560 080 4. SRI. M. MUNISWAMY, LIFE TRUSTEE OF PLAINTIFF NO.1 S/O LATE MUNIVENKATAPPA AGED ABOUT 77 YEARS R/AT NO. 208, WESTMISTER NO. 13, CUNNIGHAM ROAD BENGALURU -56005 5. SMT GRUHALAKSHMI AGED ABOUT 86 YEARS W/O LATE S.R. RAO R/AT 60-1-23/49, FLAT NO. 301 C BLOCK. KSR COMPLEX SEETHAMMADHAN P AND T COLONY VISHAKATTNAM ANDRA PRADESH-530 013 6. SMT. RAJYALAKSHMI, AGED ABOUT 68 YEARS D/O LATE R. RAO R/AT NO. 170/A, TARAKA 10TH MAIN ROAD OPP. BWSSB WATER TANK SADASHIVA NAGAR BENGALURU -560 080. 7. MR. S.ESWAR PRASAD, S/O LATE S.R. RAO AGED ABOUT 70 YEARS R AT NO. 494. CMH ROAD, INDIRANAGAR - 3 - HC-KAR NC: 2025:KHC:46923 WP No. 34275 of 2025 BENGALURU -560 038. 8. MR POLAVARAPU BUDDHA PRASAD. S/O P. SATYANARAYANA, MAJOR, R/AT FLAT NO. 202, BMPS APARTMENT, MANOJ NAGAR, TADIGADAPA PENAMALURU. KRISHNA DISTRICT ANDHRA PRADESH-521137. 9. THE SUB-REGISTRAR, GANDHINAGAR BANGALORE. … RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OD INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 12.11.2025 PASSED BY THE VIII ADDL CITY CIVIL & SESSIONS JUDGE, BANGALORE IN O.S. NO. 7703/2025 FOUND AT ANNEXURE-A TO THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned senor counsel - Sri D.R. Ravishankar on behalf of learned counsel - Sri Ponnanna M.B. for petitioner. - 4 - HC-KAR NC: 2025:KHC:46923 WP No. 34275 of 2025 2. The petitioner is defendant No.3 before the trial Court in O.S. No. 7703/2025. In the said suit, the trial Court vide order dated 5.11.2025 issued suit summons and notice on I.A. Nos.2 and 3 to defendant Nos.1 to 6 and also to the caveator and adjourned the matter to 11.11.2025. Again, when the matter came up before the trial Court on 11.11.2025, vakalath was filed on behalf of defendant No.6 and so also by defendant No.2 and since defendant No.3 did not appear, he was placed exparte. Plaintiff was heard on I.A. Nos.2 and 3 and to hear defendant Nos.2 and 3 on I.A. Nos.2 and 3, the matter was adjourned to 12.11.2025. 3. On 12.11.2025, defendant No.3 makes his appearance and filed vakalath and also an application under Order IX Rule 7 of the Code of Civil Procedure and the said application was allowed since the plaintiff expressed no objection and the exparte order passed against defendant No.3 was set aside. Learned counsel for defendant No.3 sought time. The trial Court reserving liberty to the plaintiff and defendant Nos.2 and 3 to file their written statement and objections to I.A. Nos.2, 3 and 7 on or before 15.11.2025, posted the matter for orders on 19.11.2025. - 5 - HC-KAR NC: 2025:KHC:46923 WP No. 34275 of 2025 4. It is contention of learned senior counsel appearing for petitioner/defendant No.3 that once the application filed Order - IX Rule -7 of CPC was allowed and the exparte order passed against defendant No.3 was set aside permitting him to come on record, the trial Court ought to have posted the matter for filing objections on I.As. before posting the matter for orders on I.A. Nos.2 and 3. The trial Court ought to have provided an opportunity to file objections and thereafter posted the matter for orders on I.A. Nos.2 and 3. Learned senior counsel contends that without providing an opportunity to petitioner/defendant No.3, the matter being posted for orders, is illegal, arbitrary and same requires to be set aside and opportunity be given to defendant No.3 to file his objection and thereafter the Court could pass orders. 5. Apparently, this Court does not find any need or necessity to issue notice to the respondents as no adverse orders are passed against the respondents. 6. There is merit in the argument advanced by learned senior counsel or petitioner/defendant No.3. By the impugned order, the trial Court allowed the application of defendant No.3 - 6 - HC-KAR NC: 2025:KHC:46923 WP No. 34275 of 2025 filed under Order IX Rule 7 of CPC and set aside the exparte order passed against him permitting him to come on record and despite the defendant No.3 prayed time to file objections, the same has not been considered and straightaway posted the matter for orders. This is not the correct procedure to be followed. The correct procedure would have been posting the matter for objections, if any to I.A. Nos.2 and 3 filed by the plaintiff, which has not been done by the trial Court. 7. In view of the above, this Court inclined to remit the matter to the trial Court with a direction to provide an opportunity to the petitioner/ defendant No.3 to file objections to I.A. Nos.2 and 3 and thereafter pass suitable orders on I.A. Nos.2 and 3 after hearing both sides. 8. Accordingly, I pass the following: O R D E R i) The petition is allowed. ii) The impugned order dated 12.11.2025 passed by the trial Court only insofar as posting the matter for orders, is hereby set aside. - 7 - HC-KAR NC: 2025:KHC:46923 WP No. 34275 of 2025 iii) The trial Court is directed to provide an opportunity to petitioner/defendant No.3 to file objections, if any to I.A. Nos. 2 and 3 and thereafter by providing opportunities to plaintiffs as well as the defendants pass orders on the pending applications, in accordance with law. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 31