- 1 - HC-KAR NC: 2025:KHC:31977 WP No. 17772 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17772 OF 2024 (GM-CPC) BETWEEN: SRI T N RAMESH S/O.SRI NIJAGUNAIAH, AGED ABOUT 38 YEARS, R/AT NO. 30/119, 5TH MAIN, 4TH CROSS, MULLAKATTAMMA BADAVANE, NAGARABHAVI II STAGE, BENGALURU - 560 072. …PETITIONER (BY SRI. PURUSHOTHAM G., ADVOCATE) AND: 1. SMT BINA T KUMAR D/O LATE N.PERLA NARAYA SHETTY AGED ABOUT 57 YEARS, R/AT NO.41, VINAYAKA LAYOUT, 2ND CROSS, BOOPASANDRA, BENGALURU 560 094. 2. SRI B L BANDARY S/O LATE G BHANDARY SINCE DEAD BY HIS LRS SMT. SUDHA L BHANDARI, W/O LATE B.L. BHANDARI, AGED ABOUT 78 YEARS, 3. SRI SHASHANTH BHANDARI S/O LATE B.L. BHANDARI, AGED ABOUT 51 YEARS, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31977 WP No. 17772 of 2024 4. SMT HEMA BHANDARI S/O LATE G BHANDARI AGED ABOUT 48 YEARS, 2-4 ARE ALL RESIDING AT PINNAROO, BLOCK NO.1, PLOT NO.15, TPS III BANDRA, MUMBAI-400050. 5. SRI VASUDEV S AITHAL S/O LATE SUBRAYA AITHAL, AGED ABOUT 71 YEARS, R/AT NO.3-C, III FLOOR, PEEYES HOMES, STURROCK ROAD FALNIR, MANGALURU-575 001. 6. M/S HIGH CITY INFRASTRUCTURE OFFICE, 272, 80 FEET ROAD, BSK 1ST STAGE, BENGALURU 560 050, REPRESENTED BY A). SRI. K.GOVINDA RAO, S/O. K.SHIVA RAO, AGED ABOUT 60 YEARS, B). SRI. R.UMASHANKAR, S/O. P.G.RAVIKUMAR, AGED ABOUT 50 YEARS 7. SRI. K. RAMACHANDRA, S/O R. KRISHNAPPA, AGED ABOUT 58 YEARS, R/AT NO.109, 14TH CROSS, GANGAMMA LAYOUT, BSK 1ST STAGE, ASHOK NAGAR, BENGALURU 560 050. 8. SRI. MARIGOWDA.B.K, S/O. SRI. KEMPAIAH, AGED ABOUT 43 YEARS, R/AT BHEEMANAHALLI, - 3 - HC-KAR NC: 2025:KHC:31977 WP No. 17772 of 2024 DEVALAPURA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT. 9. SRI. JOAQUIN DANIAL DIAS, S/O. SRI. DANIAL DIAS, AGED ABOUT 65 YEARS, R/AT NO.A2, 16TH CROSS, 14TH MAIN ROAD, MALLESHWARAM, BENGALURU 560 055. 10. SMT. R.SAVITHA, W/O.L.G.RAMESH, AGED ABOUT 48 YEARS, R/AT NO.29, 2ND D CROSS, 2ND STAGE, NAGARABHAVI, BENGALURU 560 091. 11. SMT. SIDDAGANGAMMA, W/O.CHIKKATHIMMALAH, AGED ABOUT 57 YEARS, R/AT NO.951, 2ND MAIN, MC LAYOUT, VIJAYANAGARA, BENGALURU - 560 040. 12. SRI. R.V.DEVARAJU, S/O. LATE VENKATESHAPPA.R.V, AGED ABOUT 63 YEARS, R/AT NO.50, C STREET, FORT, KALASIPALYAM, BENGALURU 560 002. 13. SRI. PANNALAL, S/O.KUMABARAM, AGED ABOUT 65 YEARS, 14. SRI. HARJI RAM, S/O. RAVATH RAM, AGED ABOUT 42 YEARS, RESPONDENT NO.11 AND 12 BOTH ARE RESIDING AT 2900, MEENAKSHI NAGAR, - 4 - HC-KAR NC: 2025:KHC:31977 WP No. 17772 of 2024 KAMAKSHIPALYA, BENGALURU - 560 079. 15. SRI. LAKSHMAN, S/O. LATE CHIKKANNA, AGED ABOUT 58 YEARS, R/AT NO.548, IV MAIN, 2ND STAGE, WEST OF CORD ROAD, MAHALAKSHMI PURAM, BENGALURU 560 086. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNX- A THE ORDER DTD 04.04.2024 PASSED ON IA FILED UNDER ORDER 7 RULE 11(B) OF CPC IN OS.NO.109/2014 PASSED BY THE SR.CIVIL JUDGE AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 the order dated 04.04.2024 allowing the application filed under Order VII Rule 11 (b) of Code of Civil Procedure. 2. In the light of allowing of the application and rejection of the suit, the remedy available to the petitioner is to file an appeal against the said order and not proceedings under Article 227 of the Constitution of India. - 5 - HC-KAR NC: 2025:KHC:31977 WP No. 17772 of 2024 3. In that light reserving such liberty, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SSD List No.: 1 Sl No.: 263