- 1 - HC-KAR NC: 2026:KHC:31364 W.P. No.27190/2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.27190/2017 (GM-CPC) BETWEEN: M.C. KUMARASWAMY S/O M.P. CHANDRAIAH AGED 62 YEARS RESIDING AT NO 52/1, CHRUCH STREET BANGALORE-560001. …PETITIONER (BY SRI. S. VENKATESHWARAN, ADV.,) AND: 1. SRI. M.C. MRUTHUNJAYA S/O M.P. CHANDRAIAH AGED 66 YEARS R/AT NO.C77, SRINAGAR GAURIBIDNUR TALUK CHIKKABALLAPUR DISTRICT. 2. SMT. GIRIJAMMA W/O M.P. CHANDRAIAH AGED 95 YEARS R/AT. MANCHENHALLY TOWN GAURIBIDNUR TALUK CHIKKABALLAPUR DISTRICT-562111. 3. SRI. M.C. PARAMASHIVAIAH S/O M.P. CHANDRAIAH AGED 64 YEARS R/AT NO.403, GARADI APARTMENTS Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31364 W.P. No.27190/2017 K.R.ROAD, BANGALORE-560004. 4. SMT. M.C. GOWRAMMA D/O M.P. CHANDRAIAH AGED 60 YEARS R/AT 1ST FLOOR, REAR PORTION 105 A TATA SILK FARM BANGALORE-560004. 5. M.C. SUDHA UMASHANKAR W/O UMA SHANKAR AGED 55 YEARS NO.130, 14TH CROSS PEENYA BANGALORE-5600058. 6. M.C. RAMESH S/O M.P. CHANDRAIAH AGED 51 YEARS RESIDIGN AT MAIN ROAD MANCHENHALLY, GAURIBIDNUR TALUK CHIKKABALLAPUR DISTRICT-561211. 7. SMT. SHYLAJA W/O LOKESH AGED 40 YEARS R/AT MAIN ROAD MANCHENHALLY GAURIBIDNUR TALUK CHIKKABALLAPUR DISTRICT-561211. 8. SMT. M.C. VINUTHA W/O GAJENDRA KUMAR AGED 47 YEARS GAVI NO.136, 1ST BLOCK 1ST MAIN, 1ST CROSS NAGARBHAVI 2ND STAGE BANGALORE-560057. …RESPONDENTS (BY SRI. PRITHVIRAJ SHASTRY G, ADV., FOR SRI. G. BALAKRISHNA SHASTRY, ADV., FOR R6 NOTICE NOT ORDERED IN R/O R1 TO R5, R7 AND R8) - 3 - HC-KAR NC: 2026:KHC:31364 W.P. No.27190/2017 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET ASIDE THE ORDER PASSED ON 3.6.2017 AND 17.6.2017 AGAINST THE PETITIONER BY THE TRAIL COURT IN IA'S NO.23 & 24/2017 VIDE ANNEXURE-A. DIRECT THE TRIAL COPURT TO ORDER THE R-6 TO DEPOSIT AN AMOUNT OF RS.9.40 LAKHS RUPEES NINE LAKSHS AND FORTY THOUSAND BEFORE THE TRAIL COURT TILL THE DISPOSAL OF THE O.S.NO.153/2012 [AS THE AMOUNT RAISED BY PLEDGING/MORTGAGING THE HUF PROPERTIES FAUDULENTLY, WHEN THE CASE IS PENDING FOR PARTITION BEFORE THE TRIAL COURT] & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 03.06.2017 and 17.06.2017 passed on IA.Nos.23 and 24 in OS.No.153/2012 by the Senior Civil Judge and JMFC, Gouribidanur (for short ‘the trial Court’). 2. Learned counsel appearing for defendant No.6/respondent No.6 submits that defendant No.6 has filed an application under Section 10 of the Code of Civil Procedure, 1908 (for short ‘CPC’) seeking to stay the proceedings in OS.No.153/2012 on the ground that - 4 - HC-KAR NC: 2026:KHC:31364 W.P. No.27190/2017 RSA.No.812/2016 is pending and the trial Court allowed the said application vide order dated 15.07.2017 and suit is stayed till the disposal of the RSA.No.812/2016. 3. In view of the said submission, this writ petition is disposed of with liberty to file a fresh petition, if need arises. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 20