- 1 - HC-KAR NC: 2025:KHC:33587 WP No. 24861 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24861 OF 2025 (GM-CPC) BETWEEN: MR. VIJAYA PRAKASH S SHASTRI S/O LATE M.S.SHASTRI AGED 81 YEARS RESIDING AT NO.105 NATIONAL CO-OP HOUSING SOCIETY BANER ROAD, AUNDH PUNE 411007 BY ITS GPA HOLDER DR.M.SANTHOSH KUMAR SHASTRI, S/O DR. M. CHANDRASHEKARSHASTRI A AGED ABOUT 82 YEARS, R/AT TRIVENI, OPP JYOTHI TALKIES, BEHIND HOTEL QUALITY, BALMATA, MANGALORE- 575 001 …PETITIONER (BY SRI. SARAVANA S.,ADVOCATE) AND: 1. MR. UDAY SALIAN S/O LATE NARAYANA AGED 60 YEARS R/A NO.22-2-303 AREKERE RAMAYYA ALVA COMPOUND BOLAR, MULIHITHLU, MANGALORE-575001. Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33587 WP No. 24861 of 2025 2. MRS.SHANTHA W/O MR.VISHWANATHA, AGED 65 YEARS, RESIDING AT NO.2-55, SRI GURU VIDYANAGAR KULOOR KAVOOR ROAD, PANJIMOGARU, MANGALORE - 575013 3. MRS.BABY, W/O LATE KRISHNAPPA AGED 75 YEARS R/A NO.22-8-1180, GORI HOUSE, TAILORY ROAD, MULIHITHLU, MANGALORE 575001. 4. MRS.JAYALAKSHMI W/O VISHWANATH AGED 66 YEARS R/A NO.322-8-1181 GORI HOUSE, TAILORY ROAD, MULIHITHLU, MANGALORE 575001. 5. MR.ASHOKA S/O LATE SUBBUNHI AGED 61 YEARS RESIDING AT NO.1-97 (1) HOIGE HOUSE, AMBLAMOGARU, MANGALORE - 575017. 6. MRS. HARINAKSHI W/O MR.CHANDRASHEKAR AGED 54 YEARS RESIDING AT NO.22-8-1181, GORI HOUSE TAILOR ROAD, MULIHITHLU, MANGALORE 575001. - 3 - HC-KAR NC: 2025:KHC:33587 WP No. 24861 of 2025 7. MRS. YAMUNA W/O LATE VISHWANATH AGED 75 YEARS RESIDING AT NO. 22-9-1305 TAILOR ROAD, MULIHITHLU MANGALORE 575001 8. MRS.MEENAKSHI W/O.MR.SRINIVAS AGED 79 YEARS R/A NO.3-52, KOPPALKADKONCHADY MANGALORE 575008. 9. MR. BHASKARSALYAN S/O RAMAPPA AGED 69 YEARS R/A NO.2-144-7-13 Q(4), VIDYANAGARA, MARUKATTEKUMPALA, KOTEKAR, MANGALORE-575022. 10. MR.DAYANANDA S/O LATE RAMAPPA AGED 67 YEARS R/A NO.9-33, ANUGRAHA NILAYA SOMESHWARA, UCHILA MANGALORE-575023. 11. MRS.HEMAVATHI W/O VISHWANATH AGED 64 YEARS R/A NO.6-144B NAGAPPA COMPOUND SOMESHWARA, UCHILA POST, MANGALORE - 575023. - 4 - HC-KAR NC: 2025:KHC:33587 WP No. 24861 of 2025 12. MR.SHREEDHARA S/O ANANDA AGED 66 YEARS RESIDING AT NO.1945 21ST A MAIN ROAD 14TH B CROSS ROAD HSR LAYOUT, SECTOR 1 BANGALORE SOUTH BANGALORE 560102. 13. MRS.SUREKHA W/O SEETHARAMA AGED 41 YEARS R/A KAJEKODI HOUSE KANWATHEERTHA, KUNJATHURKASARAGOD KERALA 671323. 14. MRS.SUJATHA D/O MR.MADHAVA AGED 49 YEARS R/A NO.E-30, YENOPOYA LAYOUT, NANDIGUDDA, MANGALORE-575 024. …RESPONDENTS (BY SRI. ABHISHEK MARLA M.J., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO QUASH THE ORDER DATED ORDERS DATED 01/04/2025 PASSED IN MA NO. 01/2025 ON THE FILE OF PRINCIPAL SENOR CIVIL JUDGE AND CJM MANGALORE, AS PER ANNX-G AND CONSEQUENTLY RESTORE THE ORDERS OF THE TRIAL COURT DATED 29/11/2024 PASSED ON IA NO. II IN OS NO. 13/2024 ON THE - 5 - HC-KAR NC: 2025:KHC:33587 WP No. 24861 of 2025 FILE OF IV ADDL. CIVIL JUDGE AND JMFC, MANGALURU, D.K. AS PER ANNX-E. 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 petitioner is before this Court calling in question an order of the First Appellate Court dated 01.04.2025. 2. Heard Sri. Saravana S., learned counsel appearing for the petitioner, Sri. Abhishek Marla M.J., learned counsel appearing for the respondents and have perused the material on record. 3. Learned counsel appearing for the petitioner submits that the order of the First Appellate Court, which is detriment to the interest of the petitioner, is passed ex-parte. - 6 - HC-KAR NC: 2025:KHC:33587 WP No. 24861 of 2025 4. The said position is not disputed by the learned counsel appearing for the respondents. 5. In that light, the matter will have to be remitted back to the hands the First Appellate Court, hear the parties and pass necessary orders in accordance with law. 6. In the light of the order being ex-parte, the order is necessarily to be obliterated, however, directing the parties to maintain status-quo till the order would be passed by the First Appellate Court after hearing both the parties. 7. For the aforesaid reasons, the following: ORDER (i) The petition is allowed-in-part. (ii) The order dated 01.04.2025 passed in M.A.No.01/2025 on the file of the Principal Senior Civil Judge and CMJ Mangalore, is hereby quashed. (iii) The matter is remitted back to the hands of the First Appellate Court to hear both the parties - 7 - HC-KAR NC: 2025:KHC:33587 WP No. 24861 of 2025 and pass necessary orders, in accordance with law. (iv) Till such time, the parties to maintain status- quo. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 59