- 1 - HC-KAR NC: 2026:KHC:8162 WP No. 660 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.660 OF 2026 (GM-CPC) BETWEEN: M/S SRI SAI ASSOCIATES A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.11, SRI SAI NIVAS, 1ST CROSS, BANAGIRINAGAR, BSK III STAGE, BANGALORE- 560 085. REP BY ITS AUTHORISED SIGNATORY SRI.V MITHILESH S/O V VENKATESH …PETITIONER (BY SRI. NAGESH VINAY S., ADVOCATE) AND: 1. SMT CHANDRIKA W/O LATE K SURESH AGED ABOUT 60 YEARS, R/AT 81N, 4TH MAIN BIKASIPURA, SUBRAMANYAPURA BENGALURU 560 061. 2. SHRI R SHASHANK S/O N. RAJU, AGED ABOUT 32 YEARS, R/AT NO.17/1, KAMDHENU NILAYA 3RD CROSS, R K LAYOUT, PADMANABHANAGAR BENGALURU 560 076. …RESPONDENTS (BY SRI. ABHINAV R., ADVOCATE FOR R-2) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 15/12/2025 IN O.S. NO.1776/2024 PASSED BY THE HON'BLE PRL. SENIOR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8162 WP No. 660 of 2026 CIVIL JUDGE, BENGALURU RURAL, VIDE ANNEXURE A, IN SOFAR AS POSTING THE SUIT FOR PASSING ORDERS ON THE APPLICATION FILED UNDER ORDER 7 RULE 11 OF C.P.C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.1776/2024 is directed against the impugned order dated 15.12.2025 whereby the application filed by the petitioner to bring the legal representatives of deceased-defendant No.1 on record together with an application for condonation of delay and setting aside abatement were dismissed by the Trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent No.2 and perused the material on record. 3. A perusal of the material on record including the impugned order will indicate that in the aforesaid suit filed by the petitioner-plaintiff against the respondents-defendants, the defendant No.1 having expired, the petitioner filed application to bring the legal representatives of defendant No.1 on record - 3 - HC-KAR NC: 2026:KHC:8162 WP No. 660 of 2026 together with an application for setting aside the abatement and for condonation of delay. The said applications were rejected on the sole ground that an application under Order VII Rule 11 was pending and the same has to be considered before proceeding further in the matter. In my considered opinion, the said approach of the Trial Court in deferring / adjourning consideration of the aforesaid applications is contrary to the well settled principles of law and procedure warranting interference by this Court in the present petition. 4. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 15.12.2025 passed in O.S.No.1776/2024 by the VII Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, is hereby set aside. (iii) The applications under Order 22 Rule 4 of CPC, Order 22 Rule 9 of CPC and under Section 5 of Limitation Act, filed by the petitioner in the suit before the Trial Court, are hereby allowed. - 4 - HC-KAR NC: 2026:KHC:8162 WP No. 660 of 2026 (iv) The Trial Court is directed to issue suit summons to the Legal Representatives of defendant No.1 and proceed further in the matter. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 20