- 1 - HC-KAR NC: 2026:KHC:30090 WP No. 10765 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 10765 OF 2023 (GM-CPC) BETWEEN: 1. SMT. M.N. SUDHA, W/O B M V VENKATESH AGED ABOUT 48 YEARS, R/AT NO.62, BASAVA SAMITHI LAYOUT THINDLU, VIDYARANYAPURA, BENGALURU - 560 097. 2. SMT. B V SOWMYASHREE D/O B M V VENKATESH AGED ABOUT 28 YEARS R/AT NO.62, BASAVA SAMITHI LAYOUT, THINDLU, VIDYARANAYAPURA BENGALURU - 560 097. …PETITIONERS (BY SRI. V.B. SHIVA KUMAR, ADVOCATE) AND: 1. SHRI. B.M. ASHOK S/O K.N. MURALIDHAR AGED ABOUT 40 YEARS, R/AT NO.3, 17TH CROSS, SIDDASHRAMA ROAD, MALLESHWARAM BENGALURU - 560 003. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30090 WP No. 10765 of 2023 2. SHRI SHEIK ANWAR S/O SHEIK MOHAMMAD SAB, AGED ABOUT 70 YEARS 3. SHRI SHEIK USMAN S/O SHEIK MOHAMMAD SAB AGED ABOUT 64 YEARS, 4. SHRI SHEIK SARDAR S/O SHEIK MOHAMMAD SAB AGED ABOUT 64 YEARS, 5. SHRI SHEIK BABU S/O SHEIK MOHAMMAD SAB AGED ABOUT 62 YEARS, 6. SHRI SHEIK AMEER JAN S/O SHEIK MOHAMMAD SAB, AGED FABOUT 60 YEARS, 7. SMT. NASARULLA S/O LATE ABDUL AZEEZ AGED ABOUT 43 YEARS 8. SHRI NOORULLA S/O LATE ABDUL AZEEZ AGED ABOUT 40 YEARS, 9. SHRI NAWAB JAN S/O LATE ABDUL AZEEZ AGED ABOUT 38 YEARS, 10. SHRI ABDUL KUDOOS S/O LATE KASIM SAB AGED ABOUT 69 YEARS, - 3 - HC-KAR NC: 2026:KHC:30090 WP No. 10765 of 2023 11. SHRI SHEIKH BABU S/O LATE KASIM SAB, AGED ABOUT 63 YEARS RESPONDENTS NO.2 TO 11 ARE ALL R/AT MOHAMMED SAB PALYA VIDYARANYAPURA POST BENGALURU - 560 097 12. SHRI VISHWANATAH S/O N PRANESH RAO AGED ABOUT 81 YEARS R/A NO.288-2, OLD IMH LINES MES QUARTERS, JALAHALLI, BENGALURU - 560 013. 13. SHRI Y H NAGARAJ S/O LATE HONNAPPA AGED ABOUT 66 YEARS, R/A NO.333, 58TH CROSS III BLOCK, RAJAJINAGAR BENGALURU - 560 010. 14. THE SUB-REGISTRAR BYATARAYANAPURA, BENGALURU - 560 092. …RESPONDENTS (BY SRI. G.K.BHAVANA, ADVOCATE FOR R1 SRI. BHOJEGOUDA T. KOLLER, AGA FOR R14 PF ETC NOT PAID IN RESPECT OF R2 TO R13) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 29.03.2023 PASSED BY THE HONBLE VII ADDL CITY - 4 - HC-KAR NC: 2026:KHC:30090 WP No. 10765 of 2023 CIVIL LAND SESSIONS JUDGE BENGALURU(CCH-19) ON IA NO. XIII AND XIV (ALTHOUGH ON THE TOP OF THE ORDER IT IS MENTIONED AS ORDER ON IA NO. XIII THE HOBNLE TRIAL COURT HAS FINALLY CONSIDERED BOTH IA NO.XIII AND XIV) IN OS NO. 41285/2015 WHICH IS PRODUCED AS ANNX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 29.03.2023 passed on I.A.Nos.13 and 14 in O.S.No.4128/2015 by the VII Additional City Civil and Sessions Judge, Bengaluru (CCH-19)(hereinafter referred to as the ‘Trial Court’ for short’). 2. Sri. V.B. Shiva Kumar, learned counsel appearing for the petitioners submits that respondent No.1 has filed a suit for declaration and other reliefs. In the said suit, the petitioners have been arrayed as defendant Nos.13 and 14 and they have filed a detailed written - 5 - HC-KAR NC: 2026:KHC:30090 WP No. 10765 of 2023 statement. Thereafter, they filed applications along with a counter claim, which came to be rejected by the Trial Court by recording an incorrect finding on the aspect of limitation. It is submitted that the Trial Court is required to record such a finding only after conducting an enquiry. Hence, he seeks to allow the petition. 3. Per contra, Smt. Aparna N., learned counsel on behalf of Smt. G.K. Bhavana, learned counsel for respondent No.1, supports the order of the Trial Court and submits that the counter claim is filed after the commencement of the trial, which is impermissible. In view of the law laid down by the Hon'ble Supreme Court in the case of Ashok Kumar Karla vs. Wing Commander Surendra Agnihotri and others1, she seeks to dismiss the writ petition. 4. I have heard the arguments of both sides and perused the materials available on record. 1 (2020) 2 SCC 394 - 6 - HC-KAR NC: 2026:KHC:30090 WP No. 10765 of 2023 5. Respondent No.1 has filed a suit for declaration and other reliefs. In the said suit, the present petitioners, who have been arrayed as defendant Nos.13 and 14, filed a detailed written statement on 16.07.2015. Thereafter, the Trial Court framed the issues on 14.03.2018, and the trial was commenced. PW1 was examined and his evidence was completed in the year 2018. It is to be noticed that the petitioners herein filed applications in I.A.Nos.13 and 14 seeking leave of the Court to file a counter claim, which came to be rejected by the Trial Court by the impugned order. It is further to be noticed that while rejecting the applications of the petitioners, the Trial Court has recorded a finding with regard to the aspect of limitation. In my considered view, the said finding was uncalled for in the absence of a detailed enquiry with regard to the question of limitation. 6. Be that as it may, the Hon'ble Supreme Court in the case of ASHOK KUMAR KARLA (referred supra) has clearly held that the counter claim cannot be entertained - 7 - HC-KAR NC: 2026:KHC:30090 WP No. 10765 of 2023 after the commencement of the trial. Keeping in mind the aforesaid enunciation of law, I am of the view that the Trial Court is fully justified in rejecting the counter claim. It is made clear that the rejection of the counter claim on the aspect of limitation will not come in the way of the petitioners/defendant Nos.13 and 14 to avail the remedies in accordance with law. 7. In view of the above, the writ petition is disposed of. 8. I.A.No.1/2025 is disposed of, accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 2 Sl No.: 3