- 1 - HC-KAR NC: 2025:KHC:34473 WP No. 17795 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17795 OF 2024 (GM-CPC) BETWEEN: 1. B C THARUN S/O SRI B CHANDRASHEKAR AGED ABOUT 19 YEARS R/AT NO 2373/L 3RD B MAIN ROAD RPC LAYOUT VIJAYA NAGAR 2ND STAGE BANGALORE 560040 …PETITIONER (BY SRI. DHARMAPAL, ADVOCATE) AND: 1. SRI M DAKSHINA MURTHY S/O LATE SRI MUTHU SWAMY AGED ABOUT 50 YEARS R/AT NO 2373/1 3RD B MAIN ROAD RPC LAYOUT VIJAYANAGAR 2ND STAGE BANGALORE 560040 2. SMT M DHANALAKSHMI ALIS LAKSHMI RAJAN W/O SRI R MURALI RAJAN Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34473 WP No. 17795 of 2024 AGED ABOUT 48 YEARS RA/T A -02 PRADHAN PELICON NAYANAPPANAHALLI MAIN ROAD AVANI SRINGERI NAGAR BTM 6TH STAGE BANGALORE 560068 3. SREE CHARAN SOUHARDHA CO-OPERATIVE BANK LTD HEAD OFFICE ART NO 87/1 H B SAMAJA RAOD GANDHI BAZAR BASAVANAGUDI BANGALORE 560004 REPRESENTED BY ITS SENIOR BRANCH MANAGER REGISTERED CO-OPERATIVE BANK UNDER KARNATAKA SOUHARDHA SAHAKARI ACT, 1997 …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1; SRI. LAKSHMAN H., ADVOCATE FOR R2; SRI. VINAY BHAT, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 21.06.2024 PASSED BY THE HONBLE COURT OF XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-03) IN O.S.NO. 7111/2023 ON I.A.NO. 1/2024 PRODUCED AS ANNX-F. - 3 - HC-KAR NC: 2025:KHC:34473 WP No. 17795 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner institutes P and S.C. No.261/2014 proceeding. Owing to the dispute therein, P and S.C. No.261/2014 proceeding is converted to O.S.No.7111/2023. The issue is not with regard to the merit of the matter. In the said suit, a secured creditor - Sree Charan Souhardha Co-operative Bank Ltd., files an application under Order I Rule 10 of the CPC seeking to implead in a P and SC proceeding or the suit that is converted from a P and SC proceeding. The concerned Court allows the application and permits the Bank to come on record in a P and SC proceeding. The order of the concerned Court on the face of it, is illegal and contrary to law. 2. Heard Sri. Dharmapal, learned counsel appearing for the petitioner, Sri. Vignesh Shetty, learned counsel appearing for respondent No.1, Sri. Lakshman H., learned - 4 - HC-KAR NC: 2025:KHC:34473 WP No. 17795 of 2024 counsel appearing for respondent No.2, Sri. Vinay Bhat, learned counsel appearing for respondent No.3 and have perused the material on record. 3. Learned counsel appearing for the respondents would admit the fact. 4. In that light, without delving deep into the veracity of the order, I deem it appropriate to set aside the said order, as it is trite law that in a P and SC proceeding, which is no doubt converted into a suit, it is between the members of the family or the legal heirs, the Bank cannot intrude into those proceedings, however, the Bank would always have liberty to initiate such proceedings, in accordance with law and not come into these proceedings. 5. In that light, the petition deserves to succeed. 6. Learned counsel appearing for the respondents submits that the case is languishing before the concerned Court since 2014, as P and SC is of the year 2014. - 5 - HC-KAR NC: 2025:KHC:34473 WP No. 17795 of 2024 7. In that light, I deem it appropriate to infuse finality into the proceedings by directing the concerned Court to dispose the subject suit in O.S.No.7111/2023 arising out of P and SC No.261/2014 within an outer limit of six (6) months from the date of receipt of the copy of the order, if not earlier. 8. With the aforesaid observations, the petition stands disposed. 9. All contentions remain open. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 52