- 1 - HC-KAR NC: 2025:KHC:45418 W.P. No.18482/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.18482/2025 (GM-CPC) BETWEEN: SRI. H. LANKAPPA S/O LATE HANUMANTHAPPA AGED ABOUT 93 YEARS R/O NO.191, 7TH A MAIN 18TH CROSS, 3RD BLOCK, 4TH STAGE BASAVESHWARNAGAR, BANGALORE-560079. …PETITIONER (BY SRI. ADARSH JADHAV, ADV., FOR SRI. SAGAR B.B. ADV.,) AND: 1. SMT. SHOBHA T.V. D/O SRI. H.B. VIRUPAKSHAPPA AGED ABOUT 56 YEARS. 2. SMT. MAMATHA H.V. D/O SRI. H.B. VIRUPAKSHAPPA AGED ABOUT 54 YEARS. RESPONDENTS NO.1 & 2 ARE R/AT. NO.247/9, 10TH D MAIN JAYANAGAR, 1ST BLOCK BANGALORE-560011. 3. SMT. KAMALA SHIVASHANKAR W/O LATE SHIVASHANKAR AGED ABOUT 85 YEARS R/AT NO.1231, 11TH MAIN 11TH B CROSS, WEST OF CHORD ROAD MAHALAKSHIMPURAM BANGALORE-560086. Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:45418 W.P. No.18482/2025 4. HANUMANTHARAJU S/O LATE HANUMANTHAPPA AGED ABOUT 73 YEARS. 5. H. RAJA S/O LATE HANUMANTHAPPA AGED ABOUT 63 YEARS. 6. H. NARAYANA S/O LATE HANUMANTHAPPA AGED ABOUT 54 YEARS. 7. H. GAJENDRA S/O LATE HANUMANATHAPPA AGED ABOUT 61 YEARS. RESPONDENTS NO.4 TO 7 ARE RESIDENTS OF NO.23, 3RD CROSS OLD GUDDAHALLI, AVAINAYAKA NAGAR MYSORE ROAD, BANGALORE-560026. 8. SMT. GOWRAMMA W/O R. GOPALAPPA AGED ABOUT 67 YEARS R/AT NO.3903, 5TH CROSS, 2ND MAIN BEHIND SHAMBULINGESHWARA TEMPLE GANDHINAGAR, BANGALORE-570007. 9. SMT. H. CHANDRAMMA W/O VENKATESH AGED ABOUT 59 YEARS R/AT RAMOHALLI AND POST KENGERI HOBLI BANGALORE SOUTH TALUK-560074. …RESPONDENTS (BY SRI. DURGA PRASAD H.R. ADV., FOR R1 & R2 R3 SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DTD. 02.05.2025 PASSED ON I.A. NO.14/2024 IN O.S.NO.2717/2023 PENDING ON THE FILE OF XV ADDL. CITY CIVIL AND SESSIONS JUDGE, AT - 3 - HC-KAR NC: 2025:KHC:45418 W.P. No.18482/2025 BANGALORE (CCH-3) VIDE ANNX-E AND CONSEQUENTLY ALLOW THE I.A.NO.14 AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 02.05.2025 passed on IA.No.14 in O.S.No.2717/2023 by the XV Additional City Civil and Sessions Judge, Bengaluru. 2. Sri.Adarsh Jadhav, learned counsel for Sri.Sagar B.B., learned counsel appearing for the petitioner submits that respondent Nos.1 and 2 filed a suit for injunction and the petitioner filed a written statement denying the assertions made in the plaint and sought framing of additional issues under IA.No.14, which came to be dismissed erroneously on the ground that defendant No.6 has not filed a written statement which is factually incorrect. Hence, he seeks to allow the petition, so that there would be complete adjudication of the dispute between the parties. - 4 - HC-KAR NC: 2025:KHC:45418 W.P. No.18482/2025 3. Per contra, Sri.Durgaprasad H.R., learned counsel appearing for respondent Nos.1 and 2/plaintiffs concedes to allow the petition by directing the trial Court to frame the additional issues. Hence, he seeks to pass appropriate orders. 4. I have heard the arguments of the learned counsel for the petitioner, the learned counsel for the respondents and meticulously perused the material available on record. 5. The respondent Nos.1 and 2/plaintiffs has filed a suit for relief of permanent injunction. In the said suit, defendant No.6, who is the petitioner herein, has filed a written statement and filed IA.No.14 under Order XIV Rule 5 r/w Section 151 of the Code of Civil Procedure, 1908 (for short 'the CPC') seeking framing of additional issues. The written statement of defendant No.6 indicates that he is in the possession of the land bearing Sy.No.238 measuring 2 acres 30 guntas including 4 guntas of kharab land and the - 5 - HC-KAR NC: 2025:KHC:45418 W.P. No.18482/2025 same was purchased under the registered sale deed dated 21.07.1988 and he has not sold the said property to anyone. He seeks to frame additional issue with regard to the res-judicata and the issue with regard to whether the plaintiffs prove that Vishwabharathi House Building Co- operative Society Ltd., is the owner of land bearing Sy.No.238 measuring 2 acres 30 guntas including 4 guntas of kharab land, situated at Halagevaderahalli Village, Kengeri Hobli, Bengaluru South Taluk and whether the layout is formed in the said survey number. Considering the rival contentions pleaded before the trial Court and taking note of the fact that respondent Nos.1 and 2/plaintiffs has no objection to frame the additional issues, I am of the considered view that the interest of justice would be met if the application in IA.No.14 filed under Order XIV Rule 5 r/w Section 151 of the CPC by the petitioner/defendant No.6 is allowed. For the aforementioned reasons without expressing any opinion on the merit, the writ petition is allowed. - 6 - HC-KAR NC: 2025:KHC:45418 W.P. No.18482/2025 The impugned order dated 02.05.2025 passed on IA.No.14 in O.S.No.2717/2023 by the XV Additional City Civil & Sessions Judge, Bengaluru is hereby set aside. Consequently, IA.No.14 filed by the petitioner/defendant No.6 is allowed. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 1