- 1 - HC-KAR NC: 2026:KHC:29674 WP No. 10298 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10298 OF 2026 (GM-CPC) BETWEEN: GITA SHAH AGED ABOUT 69 YEARS, W/O AJAY SHAH R/A NO.40/1, SAMRUDDHI, FLAT 101, 1ST FLOOR, 30TH CROSS, 7TH BLOCK, JAYANAGAR, BENGALURU 560 070. …PETITIONER (BY SRI. DEEPAK BHASKAR., ADVOCATE) AND: 1. HARDIK BAVISHI AGED ABOUT 37 YEARS OLD, S/O LATE KAUSHIK BAVISHI 2. JAYASHREE AGED MAJOR W/O LATE KAUSHIK BAVISHI 3. SMT. ISHITHA K AGED MAJOR D/O LATE KAUSHIK BAVISHI ALL R/A: 2011, 8TH MAIN ROAD, 24TH A CROSS, BANASHANKARI 2ND STAGE BANGALORE 560 070. …RESPONDENTS (BY MRS. BHUSHANI KUMAR., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29674 WP No. 10298 of 2026 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING THAT IN EXERCISE OF ITS SUPERVISORY JURISDICTION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA TO SET ASIDE THE ORDER DATED 10.02.2026 (ANNX-A) PASSED BY LII ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-52) IN I.A.NO.1 AND MISC.NO.506/2025 AND REMAND THE MATTER FOR CONSIDERATION ON MERITS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “WHEREFORE, in light of the foregoing, the Petition humbly prays that this Hon'ble Court may be pleased : A. In exercise of its supervisory jurisdiction under Article 227 of the Constitution of India, to set aside the order dated 10th February 2026 (Annexure A), passed by LII Addl. City Civil & Sessions Judge, Bengaluru (CCH-52) in I.A.No.1 and Misc.No.506/2025, and remand the matter for consideration on merits; and B. Pass such other order(s) as this Hon'ble Court may deem appropriate in the facts and circumstances of the present dispute.” 2. Learned Counsel appearing for the respondents has raised the question of the maintainability of this writ petition. It is submitted that, as per Section 299 of the Indian Succession - 3 - HC-KAR NC: 2026:KHC:29674 WP No. 10298 of 2026 Act, 1925, the remedy available to the petitioner is before the District Court and the petitioner cannot come before this Court. 3. Learned Counsel for the petitioner submits that this is an extraordinary case where the petitioner has approached this Court by invoking its extraordinary jurisdiction under Article 227 of the Constitution of India, as the petitioner was not a party to the proceedings. It is further submitted that with wrong advice, they filed an application seeking condonation of delay, which does not require consideration in this matter. 4. This Court has heard the learned Counsel for the petitioner and considered the objections that is raised by the learned Counsel for the respondents. 5. As rightly submitted by the learned Counsel for the respondents, the petition before this Court is not maintainable in the light of Section 299 of the Indian Succession Act. Coming to the other submissions, all the other aspects will be considered by the District Court, and if the petitioner is dissatisfied with any order, he has an alternative remedy. In that view of the matter, this Court is not inclined to entertain the said petition. Hence, this Court is passing the following: - 4 - HC-KAR NC: 2026:KHC:29674 WP No. 10298 of 2026 ORDER i. Accordingly, the writ petition is dismissed as not maintainable with liberty to the petitioner to avail the appropriate remedy. ii. Registry shall return the original documents/certified copies, if any, to the petitioner while retaining a copy of the same. iii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE DL List No.: 1 Sl No.: 13