- 1 - HC-KAR NC: 2025:KHC:46776 WP No. 33399 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. 33399 OF 2025 (GM-CPC) BETWEEN: SMT. SUJATHAMMA D/O VENKATESHAPPA, AGED ABOUT 50 YEARS, R/AT BAGUR VILLAGE, ANUGONDAHALLI HOBLI, HOSKOTE TALUK, BANGALORE DISTRICT - 563160 …PETITIONER (BY SRI. SOMASEKHAR NAIDU B., ADVOCATE) AND: 1. SMT. PAPAMMA D/O LATE N CHIKKAVENKATAPPA, W/O VENKATARAMANAPPA ALIAS DONNEPPA, R/AT SIDDANAPURA VILLAGE, ANUGONDAHALLI HOBLI, CHIKKATHIRUPATHI POST, HOSKOTE TALUK, BANGALORE RURAL DISTRICT- 563160. 2. SRI VENKATESHAPPA S/O LATE CHINNAPPA, AGED ABOUT 80 YEARS 3. SRI LOKESH S/O VENKATESHAPPA, AGED ABOUT 48 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46776 WP No. 33399 of 2025 4. SRI RAJANNA S/O LATE YELLAPPA, AGED ABOUT 57 YEARS RESPONDENT NO.2 TO 4 R/AT ANUGONDAHALLI HOBLI, CHIKKATHIRUPATHI POST, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 563160 5. SMT. I NAGALAMBIKE D/O S SHANTAPPA, AGED ABOUT 68 YEARS, R/AT ITTINA HOUSE, KAIKONDRAHALLI, CARMELARAM POST, BANGALORE - 560035. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE TRAIL COURT TO CONSIDER THE HON'BLE TRIAL COURT TO CONSIDER I.A. DATED 14.11.2024 NDER ORDER XIV RULE 1 OF THE CPC FOR FRAMING OF PROPOSED ADDITIONAL ISSUES AT ANNEXURE-A AND I.A. DATED 07.04.2025 UNDER SECTION 114 R/W 151 OF CPC FOR REVIEW OF ORDER DATED 25.02.2025 IN O.S. NO 410/2022 (OLD NO. 637/2016) ANNEXURE- F ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, AT HOSKOTE BANGALORE RURAL DISTRICT AND ANNEXURE- B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 3 - HC-KAR NC: 2025:KHC:46776 WP No. 33399 of 2025 ORAL ORDER Heard learned counsel for the petitioner. 2. The petitioner is none other than defendant No.3 in the original suit OS No.410/2022 (Old No.637/2014). 3. The prayer sought by the petitioner is as under: I. To direct the Hon'ble trial Court to consider the Hon'ble trial Court to consider IA. Dated 14.11.2024 under order XIV rule 1 of the CPC for framing of proposed additional issues at Annexure 'A' and I.A. dated 07.04.2025 under Section 114 R/w 151 of CPC for review of order dated 25.02.2025 in O.S.No.410/2022 (Old No.637/2014) Annexure - F on the file of learned Senior Civil Judge and JMFC, at Hoskote Bangalore Rural District at Annexure - B. II. To issue any writ or direction or orders as this Hon'ble court might deem fit in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC:46776 WP No. 33399 of 2025 4. It is the case of the petitioner/defendant No.3 that the suit was filed by the plaintiff/respondent No.1 for the relief of declaration, claiming that the plaintiff/respondent No.1 is the absolute owner of the suit schedule property and to restrain defendants from interfering with the peaceful possession and enjoyment of the suit schedule property and to declare the revenue record standing in the name of respondent No.5/defendant No.5 in respect of the suit schedule property to be illegal, null and void and also to declare the sale deed dated 21.06.2005 and 22.06.2005 is not binding on the plaintiff/respondent No.1 and for other consequential reliefs. 5. In the said suit, petitioner/defendant No.3 filed an application under Order XIV Rule 1 of CPC for framing of proposed additional issues on 14.11.2024 and thereafter he has also filed an application under Section 114 read with Section 151 of CPC for review of the order dated 25.02.2025 filed on 07.04.2025. It is the grievance - 5 - HC-KAR NC: 2025:KHC:46776 WP No. 33399 of 2025 of the petitioner/defendant No.3 that the trial Court has not considered these two applications and has proceeded further in the matter. Aggrieved by which the petitioner/defendant No.3 is before this Court. 6. Several contentions are raised by the petitioner/defendant No.3 in this petition, which need not be adverted to by this Court, as the short question for consideration before this Court is whether the trial Court is to be directed to consider and dispose of the applications filed by the petitioner/defendant No.3 for framing of a proposed additional issues and for consideration of his application filed for reviewing the order dated 25.02.2025. 7. This Court does not find the need or necessity to issue notice to respondents as no adverse orders are passed against the respondents and this Court is inclined to allow this petition with a direction to the trial Court to dispose of the applications filed by the petitioner/defendant No.3 in accordance with law. - 6 - HC-KAR NC: 2025:KHC:46776 WP No. 33399 of 2025 8. It is seen that in WP.No.8484/2024 filed by respondent No.5/defendant No.5 an order came to be passed by the Co-ordinate Bench of this Court dated 28.06.2024 for a direction to the trial Court to dispose of O.S.No.410/2022, O.S.No.3121/2022 and O.S.No.3456/2022 together which are still pending. Stay was granted in the said writ petition and the same came to be vacated and the direction was given to the trial Court to try all the suits together and dispose of them as expeditiously as possible. 9. It is now submitted by learned counsel for the petitioner/defendant No.3 that the said petition is still pending. It is the contention of learned counsel for the petitioner/defendant No.3 that, despite the order passed by the Co-ordinate bench of this Court, in the aforesaid writ petition, the trial Court is venturing to try the suits separately. Therefore, the earlier said writ petition was filed for a direction to the trial Court to dispose of all the cases. Be that as it may, an interim order is already - 7 - HC-KAR NC: 2025:KHC:46776 WP No. 33399 of 2025 granted by the order dated 28.06.2024 to the trial Court to try all the suits together. 10. Coming back to the present case on hand, this petition is filed by the petitioner/defendant No.3 only to consider interim applications filed under Order 14 Rule 1 read with Section 151 of CPC and a direction to the trial Court to consider the application filed under Section 114 read with Section 151 of CPC for review the of the order dated 25.02.2025 in O.S.No. 410/2022 (Old No.637/2016) on the file of the Senior Civil Judge and JMFC, Hosakote, Bengaluru Rural District. 11. 11. I do not find any legal impediment in allowing this petition and directing the trial Court to dispose of the applications in accordance with law. 12. Accordingly, I pass the following order: ORDER The petition is allowed. - 8 - HC-KAR NC: 2025:KHC:46776 WP No. 33399 of 2025 2. A direction is issued to the Learned Senior Civil Judge and JMFC, Hosakote, Bengaluru Rural District to dispose of the applications filed by the petitioner/defendant No.3 under Order 14 Rule 1 read with Section 151 of CPC and also consider the application filed under Section 114 read with 151 of CPC seeking to review the order dated 25.02.2025 if it is permissible, in accordance with law, and the trial Court is bound to follow the order passed by the Co-ordinate Bench of this Court in WP.No.8484/2024. 3. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 8