- 1 - HC-KAR NC: 2025:KHC:50895 WP No. 31342 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 31342 OF 2025 (GM-CPC) BETWEEN: RAMACHANDRAPPA SINCE DEAD BY HIS LRS 1. DODDANANJAMMA W/O LATE RAMACHANDRAPPA, AGED ABOUT 68 YEARS, 2. CHIKKA NANJAMMA W/O LATE RAMACHANDRAPPA, AGED ABOUT 67 YEARS, 3. SOMESH R S/O LATE RAMACHANDRAPPA, AGED ABOUT 56 YEARS, 4. PRAKASH R S/O LATE RAMACHANDRAPPA, AGED ABOUT 48 YEARS, 5. SRINIVAS R S/O LATE RAMACHANDRAPPA, AGED ABOUT 47 YEARS, 6. SOMESH S/O LATE RAMACHANDRAPPA, AGED ABOUT 47 YEARS, 7. RAMESH S/O LATE RAMACHANDRAPPA, AGED ABOUT 48 YEARS, Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2025:KHC:50895 WP No. 31342 of 2025 8. PREMA D/O LATE RAMACHANDRAPPA, AGED ABOUT 46 YEARS, 9. PUSHPA D/O LATE RAMACHANDRAPPA, AGED ABOUT 44 YEARS, 10. RAJU S/O LATE RAMACHANDRAPPA, AGED ABOUT 42 YEARS, 11. MAMATHA D/O LATE RAMACHANDRAPPA, AGED ABOUT 40 YEARS, ALL RESIDING AT : NO.156, THANISANDRA DR.SIVARAM KARANTHNAGAR, BANGALORE - 560 077. …PETITIONERS (BY SRI. PRADEEP C. YADAV, ADVOCATE) AND: 1. SUSHELAMMA D/O. LATE DODDAHEMANNA, WIFE OF ASHWATHAPPA, AGED ABOUT 64 YEARS, R/A. KADASEEGENAHALLI, NANDI HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT-562 101 2. GOVINDARAJ S/O. LATE DODDAHEMANNA, AGED ABOUT 55 YEARS, R/A., CHOKKANAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE- 560 064 - 3 - HC-KAR NC: 2025:KHC:50895 WP No. 31342 of 2025 3. KRISHNA MURTHY S/O. LATE DODDAHEMANNA, AGED ABOUT 48 YEARS, R/AT ATTIBELE VILLAGE, AVATHI POST, DEVANAHALLI TALUK, BANGALORE- 562 110 4. AMMAYAMMA W/O. LATE DODDAHEMANNA, AGED ABOUT 70 YEARS, R/A., CHOKKANAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE- 560 064 5. MUNIRATHNAMMA D/O. LATE DODDAHEMANNA, W/O. MUNIYAPPA, R/AT ATTIBELE VILLAGE, AVATHI POST, DEVANAHALLI TALUK, BANGALORE- 562 110 6. K. CHANDRASHEKAR S/O. LATE KRISHNAPPA, AGED ABOUT 49 YEARS, RESIDING AT 2ND MAIN ROAD, KADUGONDANAHALLI, BANGALORE- 560 045 7. SRINIVASA S/O. CHIKKAVENKATAPPA, AGED ABOUT 45 YEARS, R/AT CHOKKANAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE- 560 064 …RESPONDENTS (BY SRI. VENUGOPAL G.M, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS DTD 04.09.2025 (ANNX-A AND B) PASSED BY THE II ADDL.CIVIL JUDGE, BANGALORE RURAL,BANGALORE AND CONSEQUENTLY ALLOW THE APPLICATION (I.A.NO.08/2025) AND (I.A. NO.09/2025) FILED BY THE PETITIONERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:50895 WP No. 31342 of 2025 CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition has been filed seeking to challenge the Order dated 04.09.2025 passed by the II Additional Civil Judge, Bangalore Rural, Bangalore, on two interim applications IA.8 and IA.9 of 2025 (hereinafter referred to as "Impugned Judgment"). By the Impugned Judgment, the learned Trial Court has dismissed both applications filed by defendant No.5(a) to 5(j) under Order VI Rule 16 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") and under Order I Rule 10(2) of CPC, respectively. 2. After some arguments, learned counsel for the petitioners submits that, he would be satisfied if his contentions be adjudicated as Preliminary issues by the learned Trial Court, since, he submits that these are legal issues which go to the root of the matter, i.e., i) that the suit is barred by limitation; and ii) that the suit is hit by the provisions of Section 6 of the Hindu Succession Act, 1956. - 5 - HC-KAR NC: 2025:KHC:50895 WP No. 31342 of 2025 3. Learned counsel for respondents submits that, he has no objection if these two issues be treated as Preliminary Issues. 4. Accordingly, with the consent of the parties, the following directions are passed : i) Parties are directed to appear before the Trial Court on the date fixed i.e., 13.01.2026; ii) The parties herein shall produce their respective draft issues to be framed, which shall include the two issues referred to above; iii)The learned Trial Court shall decide and frame the issues in accordance with law. 5. The learned Trial Court is also requested to take up and decide the matter as expeditiously as possible, given that the suit has been filed in the year 2011. 6. With these observation, the petition is disposed of. All pending applications also stand closed. Sd/- (TARA VITASTA GANJU) JUDGE rs/List No.: 1 Sl No.: 11