- 1 - HC-KAR NC: 2025:KHC:31739 WP No. 19558 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19558 OF 2024 (GM-CPC) BETWEEN: 1. SMT MANGALAMMA AGED ABOUT 64 YEARS W/O LATE MALLESHAPPA D/O LATE SHANKARAPAP R/AT SATANAGERE VILLAGE, KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144 2. SMT SAVITHRAMMA AGED ABOUT 62 YEARS W/O RAJASHEKARAPPA M H D/O LATE SHANKARAPPA R/AT MADALU VILLAGE KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144 3. SMT DAKSHAYANAMMA AGED ABOUT 54 YEARS W/O SHIVANNA D/O LATE SHANKARAPPA R/AT KYATANAHALLI VILLAGE KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144 4. SMT SUVARNAMMA AGED ABOUT 52 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31739 WP No. 19558 of 2024 W/O LATE SOMASHEKARAPPA D/O LATE SHANKARAPPA R/AT KYATANAHALLI VILLAGE KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144 …PETITIONERS (BY SRI. VIJAYA KRISHNA BHAT M., ADVOCATE) AND: 1. SMT GANGAMMA AGED 61 YEARS W/O LATE SHANKARALINGAPPA R/AT D M KURKE VILLAGE , KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144 2. SRI RAVISHANKAR AGED 62 YEARS S/O LATE SHANKARALINGAPPA R/AT D M KURKE VILLAGE , KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144 3. SMT LATHA AGED 46 YEARS W/O KUMAR D/O LATE SHANKARALINGAPPA R/AT D M KURKE VILLAGE , KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144 4. SRI SHEKARAPPA AGED 71 YEARS S/O LATE VEERABHADRAPPA - 3 - HC-KAR NC: 2025:KHC:31739 WP No. 19558 of 2024 R/AT KYATANAHALLI VILLAGE KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144 5. SMT SOWBHAGYAMMA AGED ABOUT 69 YEARS W/O MALLESHAPPA D/O LATE VEERABHADRAPPA R/AT SATHANAGERE VILLAGE KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144 6. SMT RAJAMMA AGED ABOUT 69 YEARS W/O BASAVARAJU D/O LATE VEERABHADRAPPA R/AT KYATANAHALLI VILLAGE KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144 7. SMT SHANKARAMMA D/O BASAVALINGAPPA W/O SHIVARUDRAPPA R/AT MUTTANAGERE VILLAGE KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548 8. SRI RUDRAPPA AGED ABOUT 69 YEARS S/O LATE BASAVALINGAPPA R/AT KYATANAHALLI VILLAGE KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144 - 4 - HC-KAR NC: 2025:KHC:31739 WP No. 19558 of 2024 9. SRI NINGAPPA AGED ABOUT 64 YEARS S/O LATE BASAVALINGAPPA R/AT KYATANAHALLI VILLAGE KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144 10. SMT NANJAMMA AGED ABOUT 68 YEARS W/O H N PANCHAKASHARI D/O LATE SHANKARAPPA R/AT HARANAHALLI VILLAGE KASABA HOBLI, ARASIKERE TALUK HASSAN DISTRICT - 573 129 11. SRI GANGANNA AGED ABOUT 75 YEARS S/O LATE SOMMANNA R/AT KYATANAHALLI VILLAGE NAGAVEDI POST, KANAKATTE HOBLI, ARASIKERE TALUK - 573 129 12. SRI CHANDRAPPA AGED ABOUT 80 YEARS S/O LATE SOMMANNA R/AT KYATANAHALLI VILLAGE NAGAVEDI POST, KANAKATTE HOBLI, ARASIKERE TALUK - 573 129 13. SRI MARULAPPA AGED ABOUT 50 YEARS S/O CHANDRAPPA R/AT KYATANAHALLI VILLAGE NAGAVEDI POST, KANAKATTE HOBLI, ARASIKERE TALUK - 573 129. - 5 - HC-KAR NC: 2025:KHC:31739 WP No. 19558 of 2024 14. SMT PUSHPAVATHI AGED ABOUT 45 YEARS W/O LATE MARULAPPA R/AT KYATANAHALLI VILLAGE NAGAVEDI POST, KANAKATTE HOBLI, ARASIKERE TALUK - 573 129. 15. SRI SHARATH AGED ABOUT 25 YEARS S/O LATE MARULAPPA R/AT KYATANAHALLI VILLAGE NAGAVEDI POST, KANAKATTE HOBLI, ARASIKERE TALUK - 573 129 16. SRI BHARATH AGED ABOUT 23 YEARS S/O LATE MARULAPPA R/AT KYATANAHALLI VILLAGE NAGAVEDI POST, KANAKATTE HOBLI, ARASIKERE TALUK - 573 129. 17. SMT K PARVATHAMMA AGED ABOUT 55 YEARS W/O ONKARAPPA D/O NANJAPPA R/AT KYATHANAHALLI VILLAGE NAGAVEDI POST, KANAKATTE HOBLI, ARASIKERE TALUK - 573 129. 18. SRI C ASHOK AGED ABOUT 40 YEARS S/O LATE K S CHANDRAPPA R/AT KYATHANAHALLI VILLAGE NAGAVEDI POST, KANAKATTE HOBLI, - 6 - HC-KAR NC: 2025:KHC:31739 WP No. 19558 of 2024 ARASIKERE TALUK - 573 129 19. SMT. SARVAMANAGALA AGED ABOUT 60 YEARS W/O K C NEELAKANTAPPA R/AT KYATHANAHALLI VILLAGE NAGAVEDI POST, KANAKATTE HOBLI, ARASIKERE TALUK - 573 129 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 16.12.2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT ARASIKERE IN OS NO. 19/2018 THEREBY DISMISSING IA NO. 2 FILED UNDER ORDER - I RULE 10(2) OF CPC, VIDE ANNEXURE-F AND CONSEQUENTLY, ALLOW THE SAID APPLICATION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayer: "(a) Issue a writ of certiorari quashing the impugned order dated 16.12.2022 passed by the Senior Civil Judge and JMFC at Arasikere in O.S.No.19/2018 thereby dismissing IA No.2 filed under Order-I Rule - 7 - HC-KAR NC: 2025:KHC:31739 WP No. 19558 of 2024 10(2) of CPC, vide Annexure-F, and consequently, allow the said application. (b) Issue a writ of certiorari quashing the impugned order dated 28.11.2023 passed by the Senior Civil Judge and JMFC at Arasikere in O.S.No.19/2018 thereby dismissing IA No.4 filed under Order-I Rule 10 of CPC, vide Annexure-F, and consequently, allow the said application. (c) Grant costs of the proceedings and such other and further reliefs in the interest of justice and equity." 2. Heard Sri. Vijaya Krishna Bhat M., learned counsel appearing for the petitioners and have perused the material on record. 3. Learned counsel for the petitioners submits that the reason rendered for rejection of the application is that the contents necessary for allowing an application under Order I Rule 10 of the CPC is not put forth before the concerned Court. 4. Learned counsel appearing for the petitioners further submits that he has placed every material before this Court in the subject petition and would seek leave of this Court to withdraw the petition, reserving liberty to the petitioners to file a fresh application under Order 1 Rule 10 of the CPC - 8 - HC-KAR NC: 2025:KHC:31739 WP No. 19558 of 2024 enclosing all the particulars that are placed before this Court before the concerned Court. 5. In that light, I deem it appropriate to grant an opportunity to the petitioners to submit those documents that are placed before this Court before the concerned Court. 6. In the light of the aforesaid submission, the petition stands disposed as withdrawn, reserving liberty to the petitioners as afore-mentioned and the concerned Court shall consider the application without being influenced by the impugned order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 24 CT: BHK