- 1 - HC-KAR NC: 2026:KHC:15807 WP No. 8786 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8786 OF 2026 (GM-CPC) BETWEEN: KUMARSWAMY S/O LATE THIMMEGOWDA AGED ABOUT 54 YEARS, R/A. MARANAGERE, KASABA HOBALI, TIPTUR TALUK, TUMKUR DISTRICT-572201. …PETITIONER (BY SRI. LOKESH B., ADVOCATE) AND: SIDDAPPA SINCE DEAD BY HIS LRS 1. PARVATHAMMA W/O LATE SIDDAPPA AGED ABOUT 84 YEARS 2. SIDDAGANGAMMA D/O LATE. SIDDAPPA AGED ABOUT 69 YEARS 3. RAMANNA S/O LATE. POOJARI NINGAPPA AGED ABOUT 85 YEARS RESPONDENT NOS. 1 TO 3 ARE R/A. MARANAGERE, KASABA HOBALI, TIPTUR TALUK, TUMKUR DISTRICT-572201. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS SO AS TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE ADDL. CIVIL Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15807 WP No. 8786 of 2026 JUDGE AT TIPTUR IN O.S.NO.24/2013 DT.29/07/2025 ON I.A.NO.9 AT ANNEXURE- A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant No.(e) under Article 227 of the Constitution of India, challenging the order dated 29.07.2025 passed in O.S.No.24/2013, whereby the application filed under Section 10 r/w. Section 151 of the Code of Civil Procedure was dismissed. 2. The petitioner herein along with others had filed a suit for declaration and permanent injunction in O.S.No.273/2011, which was dismissed on 10.08.2022. Aggrieved by the same, they filed R.A.No.35/2022 before the Senior Civil Judge and JMFC, Tiptur which is pending consideration. 3. The respondents herein have also filed a suit for partition in O.S.No.24/2013, which is pending before the Addl. Civil Judge and JMFC, Tiptur. In that case, the - 3 - HC-KAR NC: 2026:KHC:15807 WP No. 8786 of 2026 petitioner herein has filed an application under Section 10 r/w. Section 151 of the Code of Civil Procedure. The suit filed by the respondents herein and for partition and separate possession and the appeal filed by the petitioner arises from O.S.No.273/2011, i.e., a suit for declaration and injunction, both involve different causes of action, reliefs and legal rights of the parties. 4. If the application under Section 10 r/w. Section 151 of the CPC is dismissed in O.S.No.24/2013, it will not cause any prejudice to the petitioner’s case. Therefore, the trial court was justified in dismissing the application. There is no error in the order passed by the trial court. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 70