- 1 - HC-KAR NC: 2026:KHC:10920 WP No. 1281 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1281 OF 2024 (GM-CPC) BETWEEN: 1. C.R. NAGARAJ SETTY SINCE DEAD BY HIS LRS NAVANEETHA NAGARAJ W/O LATE C.R NAGARAJ SETTY, AGED ABOUT 70 YEARS, R/AT FLAT NO.405, 4TH FLOOR, HOYSALA APARTMENT, CUNNINGHAM CRESCENT ROAD, BENGALURU - 560 001. 2. N. MUKUNDA, S/O LATE C.R NAGARAJ SETTY, AGED ABOUT 53 YEARS, R/AT FLAT NO.405, 4TH FLOOR, HOYSALA APARTMENT, CUNNINGHAM CRESCENT ROAD, BENGALURU - 560 001. …PETITIONERS (BY SRI. SAMPAT ANAND SHETTY, ADVOCATE) AND: 1. INDIAN OIL CORPORATION LTD A COMPANY REGISTERED UNDER INDIAN COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT BOMBAY, REGIONAL OFFICE AT 738, ANNASALAI, MADRAS - 600 002 Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10920 WP No. 1281 of 2024 NOW AT NO.139, M G ROAD, NUNGAMBAKKAN HIGH ROAD, CHENNAI – 600 034, DIVISIONAL OFFICE AT 46/D, FIRST FLOOR, LALBAGH ROAD, BANGALORE - 560 027. …RESPONDENT (BY SRI. DHANANJAY JOSHI, SENIOR COUNSEL APPEARING FOR SMT. KAVITHA DAMODARAN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE COURT OF XVIII ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU IN O.S. NO. 4175/1986 DATED 31/10/2023 AT ANNEXURE-A WHEREBY THE LEARNED JUDGE NOT ONLY REFUSED TO PERMIT THE PETITIONER HEREIN TO PROSECUTE THE APPLICATION ON IA NO. 3 VIDE ANNEXURE-B FILED UNDER SECTION 28 OF THE SPECIFIC RELIEF ACT AS LEGAL HEIRS OF THE DECEASED NAGARAJ SHETTY, BUT ALSO DISMISSED THE APPLICATIONS IA NO. 4 TO 6 OF 2022 VIDE ANNEXURES H2 TO H4 ON THE GROUND THAT THERE WAS A BELATED APPROACH ON THE PART OF THE PETITIONERS AND THAT THE VERY APPLICATION FILED BY THE PETITIONER AS PER ANNEXURE-B IS NOT MAINTAINABLE AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:10920 WP No. 1281 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the impleading applicants in O.S.No.4175/1986 is directed against the impugned order dated 31.10.2023 passed by the XVIII Additional City Civil and Sessions Judge, Bengaluru (for short “the Trial Court”), whereby the applications, I.A.Nos.4 to 6 filed by the petitioners to come on record as the legal representatives of the original defendant, Sri.C.R. Nagaraj Shetty were rejected by the Trial Court. 2. Heard learned counsel for the petitioners and learned Senior counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners are the legal representatives of the deceased Sri.C.R.Nagraj Shetty, who suffered a decree for specific performance in O.S.No.4175/1986 filed by the respondents against him. Subsequently, he filed the instant application, I.A.No.3 and upon the demise of the said C.R. Nagaraj Shetty on 19.02.2017, applications in I.A.Nos.4 to 6 were filed by the petitioners to come - 4 - HC-KAR NC: 2026:KHC:10920 WP No. 1281 of 2024 on record as his heirs and legal representatives. The said I.A.Nos.4 to 6 having been opposed by the respondents, the Trial Court proceeded to pass the impugned order rejecting the applications, aggrieved by which the petitioners are before this Court by way of the present petition. 4. Though several contentions have been urged by both sides in support of their respective claims, suffice it to state that the Trial Court has not considered or appreciated the rival contentions in their proper perspective and has passed the impugned, unreasoned, cryptic, laconic and non-speaking order without any application of mind and without assigning cogent or proper reasons as to why the applications were being rejected by the Trial Court. 5. Under these circumstances, in order to enable the Trial Court to reconsider the applications, I.A.Nos.4 to 6 afresh by providing sufficient and reasonable opportunity to both parties, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order insofar as it relates to dismissing I.A.Nos.4 to 6 is concerned and remit the matter back to the Trial Court for - 5 - HC-KAR NC: 2026:KHC:10920 WP No. 1281 of 2024 reconsideration afresh of I.A.Nos.4 to 6 and in accordance with law. 6. Insofar as the application, I.A.No.3 said to have been filed by late C.R. Nagaraj Shetty during his lifetime is concerned, while the Learned counsel for the petitioners submits that the said application is pending as on today, it is the specific submission of the learned Senior counsel for the respondent that the said application is no longer pending as on today. However, in order to ascertain this, in addition to reconsidering I.A.Nos.4 to 6 afresh, in accordance with law as stated supra, I deem it just and appropriate to direct the Trial Court to consider and pass appropriate orders on I.A.No.3 also, if pending and not disposed of as on today, in accordance with law, after hearing both sides. 7. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 31.10.2023 passed on I.A.Nos.4 to 6 in O.S.No.4175/1986 by the Trial Court is hereby set aside. - 6 - HC-KAR NC: 2026:KHC:10920 WP No. 1281 of 2024 (iii) The matter is remitted back for reconsideration of I.A.Nos.4 to 6 afresh, after providing sufficient and reasonable opportunity to both sides and to proceed further, in accordance with law. (iv) In addition thereto, the Trial Court is directed to consider and pass appropriate orders on I.A.No.3 filed by Sri. C.R. Nagraj Shetty, if pending and not disposed of as on today, in accordance with law, on merits. (v) All rival contentions on all aspects of the matter and on all applications, i.e., I.A.Nos.3 to 6 are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 28