- 1 - HC-KAR NC: 2026:KHC:26000 WP No. 12587 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12587 OF 2026 (GM-CPC) BETWEEN: SRI B L KANTHARAJ S/O LATE LAKKAPPA, AGED ABOUT 67 YEARS, R/AT.NO.69A, 31ST CROSS, JAYANAGARA 7TH BLOOK, BENGALURU - 560 070 …PETITIONER (BY SRI. RAJESWARA.P.N., ADVOCATE) AND: 1. B L SRINIVAS SINCE BY HIS LRS MRS.SUDHA SRINIVAS W/O LATE.B.L.SRINIVAS AGED ABOUT 54 YEARS 2. KUMARI PRIYANKA D/O LATE B.L.SRINIVAS AGED ABOUT 23 YEARS 3. MASTER GOWTHAM GOWDA S/O LATE B.L.SRINIVAS AGED ABOUT 21 YEARS RESPONDENTS NO.1 TO 3 ARE R/AT NO.404, 10TH CROSS, 7TH MAIN, 2ND BLOCK, JAYANAGAR, BENGALURU - 560 011 4. SRI. B.L. PRAKASH S/O LATE LAKKAPPA AGED ABOUT 68 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26000 WP No. 12587 of 2026 R/AT NO.404, 7TH MAIN ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU - 560 011 5. SMT. BANGARAMMA W/O LATE K.N.LAKKAPPA AGED ABOUT 87 YEARS R/AT NO.404, 7TH MAIN ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU - 560 011. H.SADANAND HANDE SINCE DEAD BY HIS LRS 6. SRI.H.S.CHANDRASHEKAR HANDE S/O LATE.H.SADANANDA HANGE AGED ABOUT 62 YEARS R/AT NO. B1-402, PARASMANI REGENCY 7TH MAIN, 8TH CROSS, 2ND BLOCK, JAYANAGAR, BENGALURU - 560 011 7. SMT. JAYALAXMI HANDE H.S. W/O LATE H. SADANANDA HANDE AGED ABOUT 84 YEARS R/AT FLAT NO.102, MEENAKSHI RESIDENCY 16TH MAIN ROAD, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041 8. SRI. SUBRAMANYA HANDE H.S. S/O LATE H.SADANANDA HANDE AGED ABOUT 56 YEARS R/AT NO.1954, TOWN CENTRE ROAD CANTON MI-48188, USA 9. SMT.SHAILAJA HANDE D/O LATE H.SADANANDA HANDE R/AT FLAT NO.305, ALTA SPRINGS WAY AGED ABOUT 63 YEARS APT. NO.9965, ROCKVILE, M.D.USA RESPONDENTS NO.7 TO 9 ARE REPRESENTED BY THEIR BROTHER AND GPA HOLDER MR. CHANDRASHEKAR HANDE, - 3 - HC-KAR NC: 2026:KHC:26000 WP No. 12587 of 2026 10. KUMARI B. GRIHITA RAJ, D/O B.L. KANTHARAJ AGED ABOUT 19 YEARS R/AT.NO.69A, 31ST CROSS, JAYANAGARA 7TH BLOOK, BENGALURU - 560 070 11. MRS.B.L.KAMALA D/O LATE LAKKAPPA AGED ABOUT 67 YEARS R/AT NO.4, MARSHALL ROAD, LEXINGTON, MA-02420 REPRESENTED BY HER G.P.A HOLDER MISS.P.S.REKHA RANI, D/O MR.P.K.SHANKAR R/AT.NO.69A, 31ST CROSS, JAYANAGARA 7TH BLOOK, BENGALURU - 560 070 …RESPONDENTS (BY SRI. M.J. ALVA, ADVOCATE FOR R6 TO R9 NOTICE TO R1 TO R5 AND R10 ARE DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i. SET ASIDE THE ORDER DATED 23/03/2026 ON IA NO. 31 TO 33 IN FDP NO. 56/2001 PENDING ON THE FILE OF VII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-19) (ANNEXURE-A). ii. CONSEQUENTLY DISMISS THE IA NO. 31 TO 33 FILED BY THE RESPONDENTS NO. 6 TO 9 IN FDP NO. 56/2001 PENDING ON THE FILE OF VII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-19) (ANNEXURE-H TO K). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:26000 WP No. 12587 of 2026 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.31 to 33 in FDP No.56/2001 dated 23.03.2026 by the VII Additional City Civil and Sessions Judge, Bengaluru, the petitioner, who is respondent No.3 in the FDP proceedings is before this Court. 2. During the pendency of the FDP proceedings, respondent No.5 therein (defendant No.5 in the suit) passed away. Thereafter, applications were filed seeking condonation of delay in filing the application to set aside the abatement and to bring the legal representatives of the deceased respondent No.5 on record. The petitioner herein filed serious objections opposing the said applications. Then, an order came to be passed on 11.09.2025, wherein the Court observed that, it is forthcoming in the statement of objections that para No.3, respondent No.3 had disputed the identity as well as the relationship of the applicants with the deceased respondent No.5. Hence, The Court was of the opinion that an enquiry required to be done with regard to arriving at such facts. Accordingly, the matter was posted for enquiry on I.A. Nos.31 - 5 - HC-KAR NC: 2026:KHC:26000 WP No. 12587 of 2026 to 33 and for hearing on I.A. No.34 on 30.10.2025. However, by the impugned order, without conducting any enquiry as contemplated in the earlier order, the Court had allowed I.A. Nos.31 to 33, condoned the delay, and set aside the abatement. Consequently, the applicants were permitted to come on record as the legal representatives of deceased respondent No.5. 3. Learned counsel appearing for the petitioner submits that, in view of the objections raised by the petitioner regarding the relationship of the parties with the deceased respondent No.5, the Court, by order dated 11.09.2025, specifically observed that an enquiry was required and had accordingly adjourned the matter for that purpose. It is submitted that, subsequently, upon change of the Presiding Officer, the Court without considering the earlier order dated 11.09.2025 and without conducting the enquiry, allowed I.A. Nos.31 to 33. It is further submitted that the respondents herein had not questioned the order dated 11.09.2025, and therefore, the Court passed the impugned order without - 6 - HC-KAR NC: 2026:KHC:26000 WP No. 12587 of 2026 holding any enquiry and accordingly, the same needs to be set aside. 4. Learned counsel for the petitioner submits that, since no relief is sought against respondent Nos.1 to 5 and 10 in the present petition, they are not necessary parties for adjudication of the dispute. Accordingly, notice to respondent Nos.1 to 5 and 10 is dispensed with. 5. Learned counsel appearing for respondent Nos.6 to 9 submits that the Trial Court, after considering the material placed on record, has rightly allowed the applications. It is contended that no prejudice is caused to the petitioner and no interference is called for with the well-considered order passed by the Trial Court. 6. Having heard the learned counsels on either side, perused the material on record, when applications were filed for condonation of delay, setting aside the abatement, and bringing the legal representatives of the deceased respondent on record and when the petitioner herein had filed objections disputing the relationship of the applicants with the deceased, the Court, by order dated 11.09.2025, had specifically observed - 7 - HC-KAR NC: 2026:KHC:26000 WP No. 12587 of 2026 that an enquiry was required and had accordingly adjourned the matter for that purpose. However, surprisingly, without conducting the enquiry and without even considering the earlier order dated 11.09.2025, the Court proceeded to pass the impugned order allowing the applications. Such an order cannot be sustained in law. 7. Accordingly, the order dated 23.03.2026 passed on I.A. Nos.31 to 33 in FDP No.56/2001 is set aside. The matter is remanded to the Trial Court for fresh consideration of the said applications. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is allowed by setting aside order passed in I.A.No.31 to 33 in FDP No.56/2001 dated 23.03.2026 by the VII Additional City Civil and Sessions Judge, Bengaluru. ii. The matter is remanded back to the Court for fresh consideration in accordance with law. The Court shall dispose of the pending FDP as expeditiously as possible. - 8 - HC-KAR NC: 2026:KHC:26000 WP No. 12587 of 2026 iv. The Court shall conduct the enquiry as per the order dated 11.09.2025. v. All the contentions of the parties are kept open. vi. All IA’s in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 4