- 1 - HC-KAR NC: 2025:KHC:51692 WP No. 7961 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 7961 OF 2020 (GM-CPC) BETWEEN: 1. SRI B PRITHVI RAJ, AGED ABOUT 55 YEARS, S/O SRI B VASANTH RAM SHETTY, RESIDENT OF SAI NILAYAM, NO.104, 2ND MAIN, OPPOSITE TO SHARADA VIDYALAYA, AMRUTHNAGAR, BANGALORE - 560 092. 2. YASHWANT BAHADUR SINGH, AGED ABOUT 55 YEARS, S/O SI V.B. SINGH, RESIDIGN AT NO.401, ANJANEYA APARTMET, G.M.PALYA, BANGALORE - 560 075. …PETITIONERS (BY SRI. K S BHEEMAIAH., ADVOCATE) AND: 1. SMT NEELAMMA, AGED ABOUT 45 YEARS, D/O.GOVINDAPPA, W/O NANJAMARIYAPPA, R/O.DODDKATHURU VILLAGE, KASABA HOBLI, MALUR TALUK, KASABA HOBLI, MALUR TALUK, PIN CODE - 563 130. 2. SMT MANJULA, AGED ABOUT 43 YEARS, D/O GOVINDPPA, W/O NANJEGOWDA, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51692 WP No. 7961 of 2020 R/O THIMMANAYAKANAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK - 563 130. 3. SMT SHARADAMMA, AGED BOUT 41 YEARS, D/O.GOVINDAPPA, W/O BYREGOWDA, R/O.BHAVANAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK - 563 130. 4. SMT MUNIRATHNAMMA, AGED ABOUT 39 YEARS, D/O.GOVINDAPPA, W/O.VENKATARAJU, R/O.UPAVASAPURA VILLAGE, KASABA HOBLI, MALUR TALUK - 563 130. 5. SRI GOVINDAPPA, AGEDA BOUT 67 YEARS, S/O.LATE CHIKKABAIAH, R/O.UPAVASAPURA VILLAGE, KASABA HOBLI, MALUR TALUK - 563 130. 6. SRI NARASIMHA, AGD ABOUT 37 YEARS, S/O SRI GOVINDAPPA, R/O UPAVASPURA VILLAGE, KASABA HOBLI, MALUR TALUK - 563 130. 7. NARAYANASWAMY, AGED ABOUT 59 YEARS, S/O MUNIYAPA, R/O HALAPPANAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, PIN CODE - 562 114. 8. SRI ROYAN SMITH, AGED ABOUT 40 YEARS, S/O T.P.SMITH, R/AT NO.7, 2ND CROSS, BEHIND NILGIRIS, KAMMANAHALLI, BANGALORE - 560 043. - 3 - HC-KAR NC: 2025:KHC:51692 WP No. 7961 of 2020 9. SMT PHILOMENA DAHIBERG, AGED ABOUT 57 YEARS, D/O LATE SUSAINATHA, PRESENTLY RESIDIG AT NO.32/2-4, T.PAPANNA CIRCLE, KOTHANUR, BANGALORE - 560 077. 10. SMT PADMA, W/O GOVINDAPPA, AGED ABOUT 30 YEARS, R/AT 275, MG ROAD, BYDARAPALLI VILLAGE, SHIP COT POST, HOSUR TALUK, TAMIL NADU - 635 109. …RESPONDENTS (BY SRI.RAYHEED KHAN, ADVOCATE FOR R1 TO R4; SRI.S.NAGARAJA, ADVOCATE FOR R8 AND R9; R5, R7- SERVED AND UNREPRESENTED V/O DTD 16/9/2020- NOTICE TO R4 IS H/S; V/O DTD 3/12/2025- NOTICE TO R6 AND R10 IS H/S) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.03.2020 PASSED ON I.A.NO.III IN R.A.NO.11/2020 PASSED BY THE LEARNED SENIOR CIVIL JUDGE, AT MALUR, WHICH AT ANNEXURE-R TO THIS WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 4 - HC-KAR NC: 2025:KHC:51692 WP No. 7961 of 2020 ORAL ORDER Petitioners are before this Court in this writ petition filed under Articles 226 and 227 of the Constitution of India with a prayer to set aside the order dated 11.03.2020 passed on I.A.No.3 in R.A.No.11/2020 by the Court Senior Civil Judge, Malur. 2. Heard the learned counsel for the parties. 3. Perusal of the material on record would go to show that petitioners herein have filed R.A.No.11/2020 before the Court of Senior Civil Judge at Malur, challenging the final decree dated 15.12.2018 by the Court of II Additional Civil Judge, Malur in FDP.No.1/2015, arising out of the preliminary decree dated 19.12.2014 passed in O.S.No.447/2013. In the said appeal, I.A.No.3 was filed under Order 41 Rule 5 of CPC with a prayer to stay the operation of the final decree dated 15.12.2018 drawn in FDP.No.1/2015. The said application has been dismissed by the order impugned, aggrieved by the same petitioners are before the this Court. - 5 - HC-KAR NC: 2025:KHC:51692 WP No. 7961 of 2020 4. The Order impugned reads as follows: "objections filed Hence both sides. The appellants have filed I.A.NO.III under order XLI rule 5 of CPC praying to Stay the operation of Final Decree dated 15/12/2018 passed in FDP No.1/2015. In support of said application, the Appellants have filed affidavit and furnished True copy of orders passed in FDP No.1/2015. Heard the learned counsel for Appellants And perused the record as well as order passed FDP No.1/2015." On perusal of records it has seen that, the Orders passed in FDP.No.1/2015 has reached Finality, hence staying the said orders does not arise. Hence the I.A.NO.III is rejected as not Maintainable. 5. Perusal of the order impugned would clearly go to show that absolutely no reasons are assigned by the First Appellate Court for rejecting I.A.No.3 filed in R.A.No.11/2020. The order impugned is therefore required to be set aside on this short ground and the matter is required to be remanded to the First Appellate Court for - 6 - HC-KAR NC: 2025:KHC:51692 WP No. 7961 of 2020 afresh consideration of the application. Accordingly, the following: ORDER (i) The writ petition is allowed. (ii) The impugned order dated 11.03.2020 passed on I.A.No.3 in R.A.No.11/2020 by the Court of Senior Civil Judge, Malur is set aside and the matter is remanded to the First Appellate Court to consider I.A.No.3 afresh and pass orders in accordance with law. (iii) It is needless to state that endeavor shall be made by the First Appellate Court to consider and dispose of R.A.No.11/2020 on merits as expeditious as possible. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR/List No.: 1 Sl No.: 29