- 1 - HC-KAR NC: 2026:KHC:8089 WP No. 33544 of 2024 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. 33544 OF 2024 (GM-CPC) BETWEEN: 1. SMT. ARUNAKUMAR D/O LATE D SIDDANNA AGED ABOUT 62 YEARS 2. CHETAN S/O LATE D SIDDANNA AGED ABOUT 52 YEARS 3. VINAYANANDA S/O LATE D SIDDANNA AGED ABOUT 48 YEARS ALL ARE R/AT SWANDENAHALLI VILLAGE KASABA HOBLI TUMKUR TALUK TUMAKURU DISTRICT-572104 …PETITIONERS (BY SRI. G S PRASANNA KUMAR.,ADVOCATE) AND: 1. G SHIVAKUMAR S/O LATE GUBBANNA AGED ABOUT 55 YEARS SMT. GIRIJAMMA W/O GUBBANNA AGED ABOUT 85 NOTE: DEAD LRS ALREADY ON RECORD- DELETED VIDE COURT ORDER DATED 08.08.2023. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8089 WP No. 33544 of 2024 2. SMT.MAHADEVAMMA D/O LATE GUBBANNA AGED ABOUT 50 YEARS 3. S.G MAHADEVAIAH S/O LATE GUBBANNA AGED ABOUT 48 YEARS R1 TO R3 ARE R/AT SWANDENAHALLI VILLAGE, KASABA HOBLI, TUMAKURU TALUK, DISTRICT-572104 4. SMT. OMAKARAMMA W/O VEERESH D/O LATE GUBBANNA AGED ABOUT 44 YEARS R/AT KESTURU VILLAGE KORA HOBLI, TUMAKURU TALUK AND DISTRICT-572138 5. SMT. BHAGEERATHAMMA W/O ALTE MANJUNATHA D/O LATE GUBBANNNA AGED ABOUT 42 YEARS R/AT MARALAKUNTE VILLAGE, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562111 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO-DIRECT SETTING ASIDE THE ORDER DTD 24.09.2024 REJECTING THE IA NO. IX FILED BY THE PETITIONERS U/S 151 OF CPC, ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC AT TUMAKURU IN OS NO. 639/2022 BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:8089 WP No. 33544 of 2024 ORAL ORDER In this petition, petitioners seek the following reliefs: i) Issue a Writ of Certiorari or any other suitable writ order or direction setting aside the order dated 24.09.2024 Annexure-A rejecting the IA No.IX filed by the Petitioners u/s 151 of CPC , on the file of Addl. Civil Judge & JMFC at Tumakuru in O.S No.639/2022 by allowing this Petition. ii) Grant such other relief which this Hon’ble court may deem fit in the facts and circumstances of the case. 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 3. After arguing the matter for sometime, learned counsel for the petitioners submits that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioners to file fresh/new application under Order VII Rule 11 of CPC. 4. The aforesaid submission is placed on record. 5. Accordingly, the petition is disposed of as withdrawn reserving liberty in favour of the petitioners to file fresh/new application under Order VII Rule 11 of CPC. - 4 - HC-KAR NC: 2026:KHC:8089 WP No. 33544 of 2024 6. If such an application is filed before the Trial Court, the Trial Court shall provide an opportunity to the respondents to file objections and the Trial Court shall dispose of the application in accordance with law. 7. All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 11