- 1 - HC-KAR NC: 2025:KHC:52161 WP No. 2264 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 2264 OF 2022 (GM-CPC) BETWEEN: SRI CHANNAPPA S/O LATE BYLAPPA AGED ABOUT 72 YEARS, R/AT DODABIDARAKALLU VILLAGE NAGASANDRA POST, YESHWANTHAPURA HOBLI, BANGALORE NORTH TALUK BENGALURU DISTRICT. …PETITIONER (BY SRI K.S. NARAYANA SWAMY, ADV.) AND: 1. SMT. SUNANDAMMA D/O SRI BYRAPPA AGED ABOUT 52 YEARS R/AT THIPPENAHALLI VILLAGE DODDABIDARAKALLU DAKHALE NAGASANDRA POST YESHWANTHAPURA HOBLI BANGALORE NORTH TALUK BENGALURU DISTRICT. 2. SRI BYRAPPA S/O LATE BYLAPPA AGED ABOUT 75 YEARS R/AT THIPPENAHALLI VILLAGE DODDABIDARAKALLU DAKHALE NAGASANDRA POST YESHWANTHAPURA HOBLI BANGALORE NORTH TALUK BENGALURU DISTRICT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52161 WP No. 2264 of 2022 3. SRI MANJUNATH S/O LATE BYLAPPA AGED ABOUT 52 YEARS R/AT THIPPENAHALLI VILLAGE DODDABIDARAKALLU DAKHALE NAGASANDRA POST YESHWANTHAPURA HOBLI BANGALORE NORTH TALUK BENGALURU DISTRICT. 4. SMT. RADHA D/O SRI BYRAPPA AGED ABOUT 47 YEARS R/AT NO.92, 1ST A CROSS VINAYAKA NAGAR KAMAKSHIPALYA BENGALURU -560 079. 5. SMT. NAGARATHNA S/O BYRAPPA W/O NAGESH AGED ABOUT 43 YEARS R/AT RAMAKRISHNA BUILDING 9TH CROSS RUKMININAGAR NAGASANDRA POST BENGALURU - 560 073. 6. SRI SATHISH S/O BYRAPPA AGED ABOUT 42 YEARS R/AT THIPPENAHALLI VILLAGE DODDABIDARAKALLU DAKHALE NAGASANDRA POST YESHWANTHAPURA HOBLI BANGALORE NORTH TALUK BENGALURU DISTRICT. 7. SRI T.N. GOVINDEGOWDA S/O SRI NARASAIAH @ THIMMAIAH AGED ABOUT 45 YEARS R/AT NO.43, 7TH MAIN ROAD - 3 - HC-KAR NC: 2025:KHC:52161 WP No. 2264 of 2022 SARASWATHIPURAM EXTN BENGALURU-560096. 8. SRI R RAMACHANDRA S/O LATE RAMANARAYANAPPA AGED ABOUT 43 YEARS R/AT 3/19, 180TH CROSS, KURUBARAHALLI VIDYANAGAR BENGALURU-560086. 9. SRI GANGARAJU S/O RANGAPPA AGED ABOUT 50 YEARS R/AT THIPPENAHALLI VILLAGE NAGASANDRA POST DODDABIDARAKALLU DAKHALE NAGASANDRA POST, YESHWANTHAPURA HOBLI, BANGALORE NORTH TALUK BENGALURU DISTRICT. 10. SRI CHENNEGOWDA S/O HANUMANTHAPPA AGED ABOUT 43 YEARS, R/AT VASUDEVAMURTHY BUILDING NO.1, NEAR NTTF HOSTEL HALLEKERE ROAD, NELAGEDARANAHALLI NAGASANDRA POST BENGALURU-560073. …RESPONDENTS (BY SRI AMBARISHA A, ADV., FOR C/R-1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN OS.NO.1075/2012 ON THE FILE OF THE II ADDL.SENIOR CIVIL JUDGE,BENGALURU RURAL DISTRICT,BENGALURU.SET ASIDE THE ORDER DATED 09.12.2021 ON THE APPLICATION FILED UNDER ORDER VII RULE 11(a) AND (d) R/W SECTION 151 OF CODE OF CIVIL PROCEDURE,IN OS.NO.1075/2012/2018 PASSED BY - 4 - HC-KAR NC: 2025:KHC:52161 WP No. 2264 of 2022 THE II ADDL.SENIOR CIVIL JUDGE,BENGALURU RURAL DISTRICT,BENGALURU VIDE ANNEXURE-E AND FURTHER ALLOW SAID APPLICATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Matter called twice. There is no representation on behalf of the petitioner. Even on the last date of hearing, there was no representation on behalf of the petitioner. 2. This writ petition is filed assailing the order dated 09.12.2021 passed on an application filed under Order VII Rule 11(a) and (d) read with Section 151 of CPC in OS No.1075/2012. The Trial Court vide the order impugned has rejected the aforesaid application filed to reject the plaint. Against the said order, petitioner has an alternative efficacious remedy of filing a Civil Revision Petition as provided under Section 115 of CPC and therefore, this writ petition cannot be maintained. Accordingly, the writ petition is dismissed as not maintainable. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 7