- 1 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 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. 4109 OF 2026 (GM-CPC) BETWEEN: SRI. B. RAMASWAMY, SON OF LATE BELERANGAPPA, AGED ABOUT 75 YEARS, R/A. RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT BANGALORE - 562 123. …PETITIONER (BY SRI. SHREERAM T.NAYAK.,ADVOCATE) AND: 1. SRI. B. MOORTHY, SON OF LATE BELERANGAPPA, AGED ABOUT 66 YEARS, RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE - 562 123. 2. SMT. INDRAMMA, WIFE OF LATE DEVAPRASANNA SON OF LATE BELERANGAPPA, AGED ABOUT 71 YEARS, RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE - 562 123. 3. SMT. SUVARNA KUMARI, WIFE OF B. RANGASWAMY, AGED ABOUT 55 YEARS Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 4. SMT. R. SHILPA, DAUGHTER OF B. RANGASWAMY, AGED ABOUT 30 YEARS 5. SMT. SOWMYA, DAUGHTER OF B. RANGASWAMY, AGED ABOUT 28 YEARS 6. SMT. RANTHAMMA, DAUGHTER OF BELERANGAPPA, WIFE OF BALAJI PRASAD AGED ABOUT 60 YEARS 7. SRI. KRISHNAWAMY, SON OF LATE BELERANGAPPA, AGED ABOUT 55 YEARS 8. SMT. JAYANTHI WIFE OF B RANGASWAMY, AGED ABOUT 56 YEARS, RESPONDENT NO.3 TO 8 ARE RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANAGALA TALUK, BANGALORE - 562 123. 9. SRI. B. LAKSHMANA, SON OF BETTASWAMAIAH, AGED ABOUT 60 YEARS, RESIDING AT NO.188, 1ST MAIN MALLASANDRA, T. DASARAHALLI POST, BANGALORE – 560 017. 10. B. CHENGALARAYAN, SON OF LATE VOOSAIHA, AGED ABOUT 66 YEARS 11. HAREESH C H, SON OF CHANGALARAYAN, AGED ABOUT 34 YEARS, RESPONDENT NO.11 AND 12 RESIDING AT NO.452/7, 6TH CROSS, SRIRAM TEMPLE ROAD, - 3 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 VIMANAPURA POST, ANNASANDRA, BANGALORE - 560 017. 12. S. S. GIREESH, SON OF SUBBARAO B S, AGED ABOUT 51 YEARS, RESIDING AT NO. 758, 5TH CROSS, 2ND MAIN, BEML LAYOUT, 3RD STAGE, R R NAGAR, RAJAJESHWARINAGAR, BANGALORE - 560 023. 13. THEERTHAM, SON OF MANOGARAN, AGED ABOUT 40 YEARS, RESIDING AT 15TH CROSS, BHUVANESHWARINAGAR, MAGADI ROAD, BANGALORE - 560 023. 14. MANGALA J., WIFE OF MANJU P., AGED ABOUT 42 YEARS, RESIDING AT NO. 1857, 6TH A MAIN D BLOCK, 2ND STAGE, RAJAJINAGAR, BANGALORE - 560 010. 15. VARADARAJU P., SON OF PUTTASWAMY, AGED ABOUT 51 YEARS, RESIDING AT NO. 931, 5TH CROSS, MASJID BACK SIDE, ULLALU, UPANAGRA, BANGALORE -560 056. 16. KV NAGASWAETHA, WIFE OF LOKESH J., AGED ABOUT 31 YEARS, RESIDING AT NO.49, YERABALLY POST AND VILLAGE, CHITHRADURGA - 577 545. 17. JAYALAKSHMI, WIFE OF NAGARAJA, AGED ABOUT 43 YEARS, RESIDING AT NO.931, - 4 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 5TH CROSS, MASJID BACK SIDE, ULLALUUPANAGAR, BANGALORE - 560 056. 18. MALATHI N S., WIFE OF HARISH T., AGED ABOUT 40 YEARS, RESIDING AT NO.210 SASALKUNTE VILLAGE, PAVAGADA TALUK., TUMAKURU DISTRICT-561 202. 19. RAVINDRA A P., SON OF PEETHAMBARAM NAIDU., RESIDING AT NO.35, MIG., 80 FEET ROAD, KENGERI SATELLITE TOWN, BANGALORE -560 060. 20. YASHODA V., WIFE OF MOHAN KUMAR R C., AGED ABOUT 47 YEARS, RESIDING AT NO.463, 9TH CROSS, 10TH MAIN, AGB LAYOUT, CHIKKASANDRA, HESARAGHATTA ROAD., BANGALORE - 560 090. 21. K CHANDRAKANTH., SON OF K KRISHNA., AGED ABOUT 39 YEARS., RESIDING AT NO.43, 7TH CROSS, SANTHOSHNAGAR, MALLSANDRA., T DASARAHALLI, BANGALORE - 560 057. 22. GANGADHARAIAH., AGED ABOUT 66 YEARS, SON OF LATE N BORIAH., RESIDING AT NO.698, KALYAN LAYOUT, JNANABHARATHI NAGAR, BANGALORE - 560 056. - 5 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 23. LAKSHMIDEVI, WIFE OF V DAYANANDA MOORTHY., AGED ABOUT 54 YEARS, RESIDING AT NO.1142/1, 7TH CROSS, MAHESHWARAMMA TEMPLE MAIN ROAD, T DASARAHALLI, MAIN ROAD, BANGALORE - 560 057. 24. VASANTH KUMAR B S., AGED ABOUT 31 YEARS, RESIDING AT DYABA VILLAGE, BYRAPURA POST, ALURTALUK, HASANA DISTRICT - 573 201. 25. GIRIJA SHEKAR, WIFE OF CHANDRAKANTH., AGED ABOUT 61 YEARS, RESIDING AT NO.46, 10 D CROSS, WEST OF CHORD ROAD, MAHALAKSHMI LAYOUT, BANGALORE - 560 086. 26. ARUL G., SON OF GOVINDASWAMY, AGED ABOUT 46 YEARS, RESIDING AT NO.56, PARVATHINILAYA, 7TH MAIN, SUBBANNA GARDEN VIJAYANAGAR, BANGALORE - 560 040. 27. BHARATHIRAJA S.K, SON OF KARTHIGEYAN, AGED ABOUT 40 YEARS, RESIDING AT NO.20/03-01, 15TH CROSS, A BLOCK, BHUVANESHWARINAGAR, MAGADI ROAD, BANGALORE -560 023. 28. K VEDHA, WIFE OF S KARIKALAN, AGED ABOUT 47 YEARS, RESIDING AT NO.8/1, 1ST CROSS, MANJUNATHANAGAR, - 6 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 MAGADI ROAD, BANGALORE - 560 023. 29. V RAMANI, AGED ABOUT 57 YEARS, WIFE OF R BALARAMAN, RESIDING AT NO.49, OM SHAKTHI STREET, 1ST MAIN, EVERGREEN STREET CROSS, UDAYANAGARA, DOORVANINAGARA, BANGALORE – 560 016. 30. RAVI SANKAR KUMAR DASARI, SON OF LATE HANUMATHA RAO DASARI, AGED ABOUT 38 YEARS, RESIDING AT NO.25-10-126, SRINIVASARAO PET 1ST LANE, GUNTUR-4, ANDRA PRADESH. 31. D. RAMADEVI, WIFE OF LATE HANUMANTHA RAO DASARI, AGED ABOUT 45 YEARS, RESIDING AT NO.25-10-126, SRINIVASARAO PET 1ST LANE, GUNTUR-4, ANDRA PRADESH. 32. ANUPAMA. C WIFE OF VASANNA, AGED ABOUT 35 YEARS, RESIDING AT VADARAHALLI POST/VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYA PATNA TALUK, HASSAN DISTRICT. 33. RAJESNDRA KUMAR V G., SON OF K N GURULINGAIAH, AGED ABOUT 25 YEARS, RESIDING AT SHARADASAPTAGIRI EXTENSION GSS BHAVAN ROAD, TUMKUR. 34. H P SHIVANNA, SON OF LATE PUTTANANJAPPA, AGED ABOUT 71 YEARS, RESIDING AT NO.825, 1ST CROSS ROAD, IV BLOCK, HMT LAYOUT, NAGASANDRA, BANGALORE - 560 073. - 7 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 35. A SADANANDA., SON OF LATE SRIHARI A., AGED ABOUT 65 YEARS, RESIDING AT NO.1, 1ST MAIN ROAD, VIJAYANANDANAGAR, NANDINI LAYOUT, BANGALORE -560 096. 36. ABILASH BALIGA, SON OF LATE SURENDRA BALIGA, AGED ABOUT 40 YEARS, RESIDING AT NO.149, 3RD CROSS, 1ST MAIN, 1ST STAGE, KHB BASAVESHWARNAGARA, BANGALORE - 560 079. 37. SHEKAR ADIVAPPA HELAGE, SON OF ADIVAPPA, AGED ABOUT 39 YEARS, RESIDING AT OPP. GOLGUMNBAJ, GANDHINAGAR, HUKKERI TALUK, BELAGAVI DISTRICT. 38. MALADEVI S., WIFE OF PRAKASH., AGED ABOUT 51 YEARS, RESIDING AT NO.720, BEHIND BANK 6TH CROSS, AGB LAYOUT, HESARAGATTA ROAD., BANGALORE - 560 073. 39. SHANTHALA, WIFE OF PRAKASH S.N., AGED ABOUT 41 YEARS, RESIDING AT NO.15, HESARAGHATTA ROAD, M M LAYOUT, INFRONT OF JANAPRIYA APARTMENT BANGALORE – 57. 40. VIJAYKUMAR, SON OF LATE CHINNAGOPA, AGED ABOUT 38 YEARS, RESIDING AT NO.57, SRI LAKSHIMI VENKATESHWARA NILAYA, 3RD CROSS, NRO LAYOUT, KALKERE, BANGALORE - 560 043. - 8 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 41. V. BHAGYALAKSHMI, WIFE OF SAI RAMESH, AGED ABOUT 45 YEARS, RESIDING AT NO. 209, BHAGYSHREENIVASA, CHIKKABIDARAKALLU, BANGALORE 560 073. 42. ADIVAPPA S. KUMBARA, SON OF SHIVALINGAPPA, AGED ABOUT 31 YEARS, RESIDING AT MUDUKAVI (V AND POST) RAMADURGA TALUK, BELAGAVI DISTRICT. 43. K M PRADEEPA, SON OF MANJAPPA, AGED ABOUT 38 YEARS, RESIDING AT HOSAKERI VILLAGE, NONABOORU POST, THIRTHAHALLY TALUK, SHIVAMOGGA - 577 414. 44. SOURBHA B L, WIFE OF JAGADISH, AGED ABOUT 40 YEARS, RESIDING AT NO.97, 3RD CROSS, BHUVANESHWARINAGAR, DASARAHALLI MAIN ROAD, BANGALORE - 560 024. 45. NAGARAJ, SON OF LATE B B LAKSHMANANGOWDA, AGED ABOUT 33 YEARS, RESIDING AT BALOORU VILLAGE, MODDIGERE TALUK, CHIKKAMANGALURU - 577 122. 46. BHARAT SUDHIR PRASADAM, SON OF LATE VENKATESHWARLU PRASADAM, AGED ABOUT 37 YEARS, RESIDING AT NO.6-447, SEETHARAMPURAM, JAGGAYYAPET - 521 175. - 9 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 47. P. HARI PRASAD VARDA, SON OF P L PRAHLLADVARDA, AGED ABOUT 52 YEARS, RESIDING AT NO. 40, SRI. KRISHNA, 1ST CROSS, 3RD MAIN, M P M LAYOUT, NAGARABHAVI 2ND STAGE, MALLATHAHALLI, BANGALORE - 560 056. 48. SANGEETHA BAGREEHA, WIFE OF D CHETHAN KUMAR BAGREEHA, AGED ABOUT 42 YEARS, RESIDING AT NO.17, 8TH CROSS, 4TH MAIN, AGRAHARA DASARAHALLLI, BANGALORE. 49. K G VENKATESH, SON OF K N NARASEGOWDA, AGED ABOUT 51 YEARS, RESIDING AT NO.13, AMRUTHANILAYA, 1ST MAIN ROAD, 5TH CROSS, MAGADI MAIN ROAD, BANGALORE - 560 091. 50. H. A. NAGARAJA, SON OF LATE H.S. ANANTHA RAO, AGED ABOUT 45 YEARS, RESIDING AT NO.1416, SOUTH END A ROAD, 9TH BLOCK, HAYANAGAR, BANGALORE - 560 069. 51. JAYAMMA WIFE OF LATE S R NARASIMHASWAMY, AGED ABOUT 93 YEARS, RESIDING AT TILAK PART ROAD, KEB QUARTER BEHIND VIJAYANAGAR EXTENSON, CHIKKAMAGALUR DISTRICT - 577 101. …RESPONDENTS (BY SRI.C.M.NAGABHUSHAN, ADVOCATE FOR SMT.B.RADHA,ADVOCATE FOR C/R1, VIDE ORDER DATED 09.02.2026, NOTICE TO R2 TO R51 IS DISPENSED WITH) - 10 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SET ASIDE THE ORDER DATED 17.12.2025 PASSED IN I.A. NO. 54 UNDER SECTION 151 OF THE CIVIL PROCEDURE CODE, 1908 IN O S NO. 531/2016 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT NELAMANGALA, BENGALURU RURAL DISTRICT AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the 1st defendant in O.S.No.531/2016 is directed against the impugned order dated 17.12.2025 passed on I.A.No.54 by the Senior Civil Judge and JMFC, Nelamangala, whereby the said application filed by the petitioner under Section 151 CPC was dismissed by the trial court. 2. Heard learned counsel for the petitioner and learned counsel for the caveator – 1st respondent and perused the material on record. 3. A perusal of the material on record will indicate that in the aforesaid suit filed by respondents 1 and 2 – plaintiffs against the petitioner – 1st defendant and remaining defendants, the petitioner and respondents 1 and 2 approached this Court in MFA No.153/2020 and - 11 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 MFA No.8136/2019 challenging the orders passed by the trial court dated 06.09.2019. After hearing the parties, this Court dismissed MFA No.153/2020 filed by respondents 1 and 2 – plaintiffs and partly allowed MFA No.8136/2019 filed by the petitioner – 1st defendant as hereunder:- “ The appeal in MFA No.153/2020 is dismissed. The appeal in MFA No.8136/2019 is partly allowed modifying the order dated: 06.09.2019 permitting the first defendant ( the appellant in MFA No.8136/2019) to construct sheds in suit item No.14 property for his own use and occupation without creating any charge thereon in favour of third parties and without being entitled to claim equities in he event the plaintiffs were to succeed in their claim even as against this property.” 4. Subsequently, in the aforesaid MFA No.8136/2019 preferred by the petitioner, he filed an application I.A.No.1/2024 seeking modification and for permission to offer suit schedule Item No.14 property as collateral security of the loan availed by his son and for other reliefs. The said application I.A.1/2024 in MFA No.8136/2019 was allowed by this Court vide order dated 13.12.2024 as hereunder:- “ ORAL ORDER ON IA NO.1/2024 The applicant is the appellant in MFA No.8136/2019 which is disposed of along with the appeal in No.153/2020 by this Court on 28.01.2020. These appeals are filed as against the interim orders in O.S.No.531/2016 disposing of the applications filed under Order XXXIX Rule 1 and 2 of the - 12 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 Code of Civil Procedure. The civil Court has allowed the respondents - plaintiffs' applications restraining the applicant from changing the nature of some of the suit schedule properties (the suit item No. 3, 6 and 14 properties) while also restraining the applicant from alienating these properties. The applications as against the other suit schedule properties are rejected, and hence, the cross appeals by the respondents - plaintiffs and the applicant (the first defendant). 2. This Court has dismissed the respondents- plaintiffs' appeal in MFA No.153/2020 and has allowed the applicant's appeal in MFA No.8136/2019 in part modifying the civil Court's order dated 06.09.2019 permitting the applicant to put up sheds in suit schedule item No.14 property for his own use and occupation without creating any charge thereon in favour of the third parties and without being entitled to claim equities. This Court's order in this regard is based on the statements made on behalf of the applicant and the affidavit filed by the respondents - plaintiffs. The present application is filed for modification of the order dated 28.01.2020 permitting the applicant to offer the suit schedule item No.14 property (the subject property) as collateral for the loan that the applicant proposes to avail. 3. In support of this request, the applicant has stated that he has borrowed (even as of the date of the civil Court's order) a loan facility from M/s.Andra Bank (now Union Bank of India) in a sum of Rs.3,82,50,000/- offering the subject property as collateral and has later availed overdraft facility, but with default in repayment of these loans, the Bank has initiated proceedings under the Securitisation and - 13 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) that the applicant will have to pay total sum of Rs.67,00,000/- and thereabouts to discharge the loan., that the applicant, who is aged 78 years, will not be able to raise such amount but his son is willing to raise loan provided that the petitioner can offer this property as collateral. 4. The learned counsel for the applicant submits that if a substituted loan for a sum of Rs.67,00,000/- or thereabouts is availed to discharge the loan and the loan is duly serviced, the subject property would be available for partition if the plaintiffs-respondents prove their case and in the alternative the property could be lost as there could be a distress sale. On the other hand, the learned counsel for the plaintiffs - respondents emphasizes that the suit is filed for 13 other properties and the appellant has asserted some of these properties are also his self acquired properties and therefore the appellant can offer any other property instead of offering the subject property as collateral. Ultimately, the learned counsel for the respondents- plaintiffs submits that any order by this Court at this stage should not prejudice the plaintiffs'-respondents' rights to a share in item No. 14 property if they succeed in the suit even as against this property. 5. The applicant has asserted that the subject property is his absolute property, while the respondents - plaintiffs have asserted that this property is also a joint family property. However, as is observed by this Court in the order dated 28.01.2020, the question whether the subject property - 14 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 and other suit schedule properties are the absolute properties of the applicant or these are the joint family properties must be decided after trial. If during the course of the trial the subject property is lost because the third party interest is created under the SARFAESI Act, even the respondents - plaintiffs' rights in this property could be prejudiced. As against this, if the applicant is permitted to protect the property with necessary condition, mutual interest must be assessed under the balance of convenience. 6. This Court is therefore inclined to modify the order dated 28.01.2020 permitting the applicant only to offer the subject property (the suit item No. 14 property) as a collateral for the loan proposed to be raised to discharge the outstanding with M/s. Andra Banak (now Union Bank of India) by his son and the applicant must ensure that the loan is serviced without default while also providing that if for any reason the subject property is not available for partition, the respondents - plaintiffs' rights in this property must be worked out as against the applicant's right in the 13 other properties. In the light of the afore, the following. ORDER The application is allowed and this Court's order dated 28.01.2020 is modified in the following terms. (i) The applicant is permitted to offer the subject property (the suit schedule Item No.14 property) as collateral only for the loan that is availed by the petitioner's son to discharge the present outstanding loan with the M/s. Union Bank of India. - 15 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 (ii) The applicant shall file before 10.01.2025 an affidavit with the Civil Court stating that he will offer the suit schedule item No.14 property only for the purpose of discharging outstanding with M/s. Union Bank of India , and this permission shall take effect only if this affidavit is filed within this period. It is needless to observe that if the affidavit is not filed within the period allowed, there shall not permission to offer this property for the aforesaid purposes. (iii) The applicant shall ensure that this new loan is serviced without default. (iv) If for any reason this property is brought under coercive measures resulting in the property not being available if the respondents - plaintiffs succeed in the suit, they shall must be entitled to claim equities for their share in this property as against the appellant's share in the other 13 properties.” 5. As can be seen from the aforesaid order dated 13.12.2024, this Court directed the petitioner to file an affidavit before the trial court before 10.01.2025. However, the petitioner filed the said Affidavit on 03.03.2025, in which, he explained the delay in filing the Affidavit on account of health reasons, hospitalization etc. It is contended that since the trial court refused to accept the said affidavit on the ground that the same was filed after 10.01.2025, the petitioner filed an application I.A.1/2025 in the said MFA No.8136/2019 requesting this Court to consider the aforesaid Affidavit dated 03.03.2025 filed by him before the - 16 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 trial court and since this Court directed the petitioner to approach the trial court in this regard, petitioner withdrew the said I.A.1/2025 on 23.04.2025 and thereafter, filed the instant application I.A.No.54 on 28.04.2025 in the suit before the trial court with a request to consider the said affidavit, which reads as under:- “ I, Sri. B. Ramaswamy, S/o. Late Bele Rangappa, aged about 75 years, residing at Railway Gollahalli Village, Kasaba Hobli, Nelamangala, Bangalore Rural District, do hereby solemnly affirm and state on oath as follows: 1. I state, that I am the Defendant No. 1 in the above case and well conversant with the facts of the above case and hence I am swearing to this affidavit. 2. I state that I had filed an application seeking for the permission of the Hon'ble High Court of Karnataka at Bangalore to allow me to avail loan on Item No. 14 of the Plaint schedule property in any Nationalised bank, so as to discharge the outstanding debt borrowed by me in the year 2014 with Union Bank of India, N. R. Road Branch, Bengaluru by modifying the Order dated 28.01.2020 in MFA 8136/2019 along with MFA No. 153/2020 and the same came to be numbered as IA No. 1/2024. 3. I state that after hearing me and Plaintiffs herein the Hon'ble High Court of Karnataka has allowed the application vide its order dated 13.12.2024 and permitted me to avail the bank loan to discharge the debt with the Union Bank of India by providing Item No.14 of the Plaint schedule property as a collateral security and file an affidavit in that regard. - 17 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 4. I state, that I hereby place an undertaking before this Hon'ble Court, that I would clear the loan amount which I may be borrowing from some other bank with my personal/family earnings. I state, that as on today, my son being a Doctor is carrying out his own business and out of said income, I would clear the bank loan that I may be borrowing with some other bank without committing any default. 5. I state that I shall take the item No. 14 of the Plaintiff schedule property as collateral only to discharge the present outstanding loan with M/s Union Bank of India. I state that I shall ensure that this new loan availed by me shall be serviced without default. 6. I state that Hon'ble High Court had directed me to file the affidavit within 10.01.2025 but the same was not possible due to my ill health, open heart surgery along with 2 Angioplasty surgeries and old age aliments. Further, I had received the Certified copy of the order only on 31.01.2025. Hence, I have filed the affidavit within time. WHEREFORE, I humbly pray that this Hon'ble Court be pleased to take the affidavit on record and allow me to avail loan to discharge my loan from M/s Union Bank of India in the interest of justice and equity.” 6. The said application I.A.No.54 having been opposed by the respondents 1 and 2 – plaintiffs, the trial court proceeded to pass the impugned order rejecting the application, aggrieved by which, petitioner is before this Court by way of the present petition. - 18 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 7. A perusal of the material on record including the impugned order will indicate that the trial court has adopted a hyper technical approach in coming to the conclusion that the petitioner is not entitled to any indulgence on the ground that he had not complied with the order dated 13.12.2024 passed on I.A.1/2024 by this Court in MFA No.8136/2019 and had not filed the requisite affidavit before 10.01.2025; in this context, the trial court failed to consider and appreciate that the inability and omission on the part of the petitioner to file the affidavit before 10.01.2025 was due to health reasons, ailments, hospitalization etc., which stood established by the medical records; further, the trial court also erred in holding that no documents pertaining to the same was produced by the petitioner, which is also contrary to the medical records produced by the petitioner before the trial court and this Court. It is also pertinent to note that the order dated 13.12.2024 allowing I.A.1/2024 filed by the petitioner had attained finality and become conclusive and binding upon the respondents 1 and 2 – plaintiffs and consequently, merely because there was a delay on the part of the petitioner in filing the requisite affidavit due to bonafide reasons, unavoidable circumstances and sufficient cause due to health issues, ailments and hospitalization, it cannot be said that the petitioner was not entitled to the benefit of the said order passed in this favour by this Court. Under these circumstances, I deem it just and appropriate to adopt a justice oriented - 19 - HC-KAR NC: 2026:KHC:10919 WP No. 4109 of 2026 approach and set aside the impugned order passed by the trial court and consequently, allow I.A.No.54 filed by the petitioner and dispose of this petition by issuing certain directions. 8. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 17.012.2025 passed on I.A.No.54 in O.S.No.531/20216 by the Senior Civil Judge and JMFC, Nelamangala, is hereby set aside. (iii) I.A.No.54 filed by the petitioner is allowed by directing the trial court to receive and consider the affidavit filed by petitioner – 1st defendant to be taken on record and further directing the trial court to grant permission in favour of the petitioner to raise the loan on item No.14 of the schedule properties in terms of the order dated 13.12.2024 passed on I.A.1/2024 in MFA No.8136/2019 and give effect to and implement the said order in favour of the petitioner immediately upon receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC/SRL