- 1 - HC-KAR NC: 2025:KHC:30918 WP No. 21608 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 21608 OF 2025 (GM-CPC) BETWEEN: SMT. HEMALATHA DEVI W/O S.R.GANDHI AGED ABOUT 75 YEARS R/AT NO. 3785, 13TH CROSS B.S.K 2ND STAGE, BENGALURU – 560 070. …PETITIONER (BY SRI V.B.SHIVAKUMAR, ADVOCATE) AND: 1. SMT. SOWBHAGYA W/O M.A.JAYAVELU AGED ABOUT 72 YEARS R/AT PLOT NO. 98, 7TH ROAD PHASE-I, BHARATHINAGAR SATHUVACHARI VELLORE – 632 009 TAMIL NADU. SHRI GURUNATH SINCE DECEASED BY HIS LRS 2. SMT. G.SWARNAKUMARI W/O LATE H.GURUNATH AGE: MAJOR R/AT NO. 268/3, ‘PADMAPRIYA’ Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30918 WP No. 21608 of 2025 37TH CROSS, 8TH BLOCK JAYANAGAR, BENGALURU – 560 011. ALSO AT SMT. G.SWARNAKUMARI W/O LATE H.GURUNATH AGE: MAJOR NO. 145, 8TH CROSS NARASIMHARAJA COLONY BENGALURU – 560 009. 3. SHRI SHEKKHANNA GOWDA S/O HANUMANTHAPPA AGED ABOUT 76 YEARS R/AT NO. 17/403, TILAK NAGAR GUNTAKAL – 515 801 ANDRA PRADESH. 4. SMT. SUBHADRAMMA W/O SHEKHANNA GOWDA AGED ABOUT 74 YEARS R/AT NO. 17/403, TILAK NAGAR GUNTAKAL – 515 801 ANDRA PRADESH. 5. SHRI ORKANTI SUDHAKAR GOWDA S/O SEKHANNA GOWDA AGED ABOUT 51 YEARS R/AT NO. 17/403, TILAK NAGAR GUNTAKAL – 515 801 ANDRA PRADESH. 6. SHRI HARIPRAKASH S/O SEKHANNA GOWDA AGED ABOUT 46 YEARS - 3 - HC-KAR NC: 2025:KHC:30918 WP No. 21608 of 2025 R/AT NO. 17/403, TILAK NAGAR GUNTAKAL – 515 801 ANDRA PRADESH. 7. SHRI G.GANESH S/O H.GURUNATH AGED ABOUT 38 YEARS R/AT NO. 145, 8TH CROSS NARASIMHARAJA COLONY BENGALURU – 560 019. 8. SHRI G.SUBRAMANYA S/O H.GURUNATH AGED ABOUT 34 YEARS R/AT NO. 145, 8TH CROSS NARASIMHARAJA COLONY BENGALURU – 560 019. N.S.LAKSHMINATHAIAH SHETTY SINCE DECEASED BY HIS LR 9. SMT. SHANTHAMMA W/O LATE N.S.LAKSHMINATHAIAH SETTY AGED ABOUT 75 YEARS R/AT NO. 110, 1ST FLOOR, ‘B’ BLOCK SAI KRISHNA RESIDENCY GARDEN SCHOOL ROAD AKKAPPA LAYOUT, UTTARAHALLI BENGALURU – 560 060. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 09.06.2025 ON I.A. NO.V FILED BY THE PETITIONER UNDER SECTION 2 OF THE PARTITION ACT IN O.S. NO. FDP - 4 - HC-KAR NC: 2025:KHC:30918 WP No. 21608 of 2025 NO.204/2019 PASSED BY THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (ANNEXURE-A). 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 seeking the following prayer: “a) Writ of Certiorari to quash Order dated 09.06.2025 on I.A.NO.V filed by the petitioner under Section 2 of the Partition Act in O.S.No.FDP No.204/2019 passed by the XX Additional City Civil and Sessions Judge, Bengaluru (Annexure – A) b) Allow the Writ Petition with cost, in the interest of justice and equity.” 2. The petitioner prefers an application – I.A.No.V under Section 2 of the Partition Act before the concerned Court seeking acceptance of the report of the Commissioner and further proceedings to be regulated before the concerned Court. The concerned Court passes the following order: “ORDER I.A.No.III/2023 filed by the applicant is hereby rejected. - 5 - HC-KAR NC: 2025:KHC:30918 WP No. 21608 of 2025 I.A.No.VI filed by the applicant is hereby rejected. I.A.No.V filed by the petitioner under Section 2 of the Partition Act and order on commissioner report dated 03/09/2022 kept in abeyance till disposal of the RFA No.766/2007. I.A.No.VII filed by the 1st respondent is hereby rejected. I.A. No. VIII filed by the 1st respondent is hereby rejected. Call on 19/7/2025. Sd/- 09.06.2025 XX ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU.” (Emphasis added) The order indicates that the acceptance of the report of the Commissioner would be kept in abeyance till the disposal of the regular first appeal in RFA.No.766/2007, as it was pending before the division bench. 3. Learned counsel for the petitioner places on record the judgment passed by the division bench in R.F.A.No.766/2007, dated 24.06.2025, by which the appeal filed by the defendants is rejected. Therefore, the only reason projected by the concerned Court for keeping the Commissioner’s report in - 6 - HC-KAR NC: 2025:KHC:30918 WP No. 21608 of 2025 abeyance was the pendency of the RFA, which no longer would act as an impediment. 4. In the light of the disposal of RFA No.766/2007, I deem it appropriate to pass the following: ORDER a. The writ petition is allowed. b. The order dated 09.06.2025, passed on I.A.No.V in FDP.No.204/2019, by the XX Additional City Civil and Sessions Judge, Bengaluru, stands quashed. c. The concerned Court shall now pass orders on the Commissioner's report and regulate its procedure further. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 79 CT:SS