- 1 - HC-KAR NC: 2026:KHC:7248 WP No. 36390 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 36390 OF 2024 (GM-CPC) BETWEEN: SMT R SHAMANTHA W/O. LATE T.PRASANNA KUMAR, D/O LATE J.RAMAIAH, AGED ABOUT 65 YEARS, R/AT NO.27, RAGHAVENDRA NILAYA 5TH CROSS, AZADNAGAR, CHAMARAJPET, BENGALURU-560 018 …PETITIONER (BY SRI. BOPANNA BELLIAPPA FOR; SRI. SATHEESH H K.,ADVOCATE) AND: SRI R SREEDHAR S/O LATE J. RAMAIAH, AGED ABOUT 67 YEARS, R/AT NO.1605, KABIR ROAD, LASHKAR MOHALLA, MYSORE-570001 …RESPONDENT (BY SRI. V. B. SIDDARAMAIAH, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DATED 14.10.2024 PASSED ON IA NO.1/2024 IN OS NO.6740/2017 BY THE XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-41), PRODUCED AT ANNEXURE-AB. PASS AN ORDER REJECTING IA NO.1/2024 FILED IN OS NO.6740/2017 BY THE XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-41). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7248 WP No. 36390 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.6740/2017 is directed against the impugned order passed on I.A.No.1/2024 dated 14.10.2024, whereby the said application filed by the respondent – defendant No.8 under Section 151 of CPC for a direction to the petitioner-plaintiff to deposit the mortgage amount and rents collected by her in relation to item No.12 of the suit schedule property was allowed by the trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate the petitioner is none other than the sister of the respondent - defendant No.8 and she filed a suit for partition and separate possession of her alleged share in the suit schedule immovable properties comprising of 27 items of the immovable properties. The said suit is being contested by all defendants including respondent - defendant No.8, who also filed the instant application for a direction to the petitioner-plaintiff to deposit the mortgage amount - 3 - HC-KAR NC: 2026:KHC:7248 WP No. 36390 of 2024 and rents accruing out of Item No.12 of the suit schedule property. Though the said application was contested/opposed by the petitioner, the trial Court proceeded to pass the impugned order allowing the application, aggrieved by which, the petitioner is before this Court by way of the present petition. 4. A perusal of the material on record including the rival contentions urged in I.A.No.1/2024 and the objections filed by the petitioner will indicate that there are several contentious issues and disputed questions of law and fact that arise for consideration in the suit which would necessarily have to be decided only after a full- fledged trial and not by way of an application under Section 151 CPC, which is impermissible in law. Under these circumstances, I deem it just and appropriate to set aside the impugned order and dispose of I.A.No.1/2024 by directing the trial Court to dispose of the suit on merits by adjudicating upon all rival contentions including the contentions urged in I.A.No.1/2024 in accordance with law within a period of 6 months from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2026:KHC:7248 WP No. 36390 of 2024 5. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 14.10.2024 on I.A.No.1/2024 in O.S.No.6740/2017 on the file of XL Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside. iii) I.A.No.1/2024 under Section 151 of CPC is hereby disposed of. iv) The trial Court is directed to dispose of the suit on merits by adjudicating upon all rival contentions including the contentions urged in I.A.No.1/2024 in accordance with law within a period of 6 months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 2