- 1 - HC-KAR NC: 2025:KHC:29493 WP No. 16824 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16824 OF 2025 (GM-CPC) BETWEEN: 1. J.S.S.MAHAVIDYAPEETA, DR. SRI. SHIVARATHRI RAJENDRA CIRCLE, RAMANUJA ROAD, MYSURU - 570 004 ALSO HAVING ITS OFFICE AT JSS 38TH, 1ST MAIN ROAD, 8TH BLOCK, JAYANAGARA, BENGALURU - 560 070 REPRESENTED BY ITS AUTHORISED SIGNATORY SRI. SHIVAKUMAR LEGAL STUDIES DIVISION …PETITIONER (BY SRI. RAJESWARA P.N., ADVOCATE) AND: 1. SMT. PARVATHI.B W/O BHANUNANDAN, AGED ABOUT 44 YEARS, RESIDING AT NO.19, RENUKA NILAYA, BHOOTHAPPA TEMPLE ROAD, 6TH CROSS, NAGADEVANAHALLI, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29493 WP No. 16824 of 2025 BENGALURU - 560 056 2. SMT.BORAMMA @ BOJAMMA, W/O LATE MARIYAPPA MAJOR RESIDING AT NO.512, V.S.GARDEN, J.J.R.NAGAR, BENGALURU - 560 018 3. SRI.K.B.LAKSHMAN, S/O LATE N.BEERAPPA, AGED ABOUT 61 YEARS 4. SRI L RAVI S/O K.B.LAKSHMAN, AGED ABOUT 27 YEARS 5. SRI. L SRIDHAR S/O K B LAKSHMAN AGED ABOUT 25 YEARS R3 TO R5 ARE RESIDING AT SIDDESHWARA NILAYA KUMARA NURSERY, NEW BANK COLONY, KONANAKUNTE, BENGALURU - 560 062 6. SMT. SHANTHAMMA, W/O SRI.MUDDAIAH, AGED ABOUT 49 YEARS, RESIDING AT NO.1453, 1ST MAIN ROAD, NAGAPPA BLOCK, BENGALURU - 560 021 - 3 - HC-KAR NC: 2025:KHC:29493 WP No. 16824 of 2025 7. SMT. LAKSHMAMMA, W/O VENKATAPPA, AGED ABOUT 67 YEARS 8. SMT.V.MANGALA GOWRI, D/O VENKATAPPA, AGED ABOUT 44 YEARS 9. SMT. V. ASHWINI, D/O VENKATAPPA, AGED ABOUT 25 YEARS R7 TO R9 ARE RESIDING AT NO.383/1, 7TH MAIN, 1ST CROSS, BANASHANKARI I STAGE, NEAR PUMP HOUSE, HANUMANTHANAGARA, BENGALURU - 560 050 …RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R4 AND R5) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 14.03.2025, REJECT THE PRAYER OF THE PETITIONER FOR CONSIDERATION OF THE IA NO. 13 AND 14 (ANNX-A) IN O.S.NO. 6842/2006 PASSED BY THE HONBLE CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-19) AND CONSEQUENTLY DIRECT THE HON’BLE TRIAL COURT TO CONSIDER THE IA NO.13 AND 14 ON THE NEXT DATE OF HEARING. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:29493 WP No. 16824 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner – defendant No.6 is before this Court calling in question an order dated 14.03.2025, passed by VII ACCJ, Bengaluru, whereby, applications – I.A.Nos.13 and 14 filed by the petitioner under Order XXXIX Rule 4 of the CPC and Order VII Rule 11 of the CPC, seeking vacation or modification of the interim order dated 18.06.2009 and rejection of plaint, respectively, in O.S.No.6842/2006, comes to be rejected. 2. Heard Sri Rajeswara P.N., learned counsel for petitioner and Sri C. Shankar Reddy, learned counsel for respondent Nos.4 and 5. 3. The concerned Court refused to consider the applications on its merit thereon, on the score that this Court had granted an interim order of stay of further proceedings in O.S.No.8345/2010 and the said interim order would operate in O.S.No.6842/2006, as the suits are clubbed. - 5 - HC-KAR NC: 2025:KHC:29493 WP No. 16824 of 2025 4. The companion petition – W.P.No.2863/2022 is now disposed by this Court by a separate order. The companion petition was concerning production of the documents and therefore, further proceedings were stayed by this Court. In the light of the disposal of the companion petition, the concerned Court has no impediment to consider the applications so filed by the petitioner – defendant No.6 on its merit, as the interim order is no longer in subsistence. 5. Therefore, the concerned Court shall now pass necessary orders in accordance with law, after affording an opportunity to all the parties to the lis on I.A.Nos.13 and 14, pending before it. 6. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. b. The impugned order dated 14.03.2025, passed ;by is set aside. c. Applications – I.A.Nos.13 and 14 are restored to file for reconsideration afresh, in accordance with law, - 6 - HC-KAR NC: 2025:KHC:29493 WP No. 16824 of 2025 bearing in mind the observations made in the course of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 84