- 1 - HC-KAR NC: 2026:KHC:31569 WP No. 15303 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15303 OF 2026 (GM-CPC) BETWEEN: 1. SRI. SHIVALINGAIAH AND SMT. GOWRAMMA DEAD BY THEIR LRS. SRI. SHIVANNA S/O LATE SHIVALINGAIAH AGED ABOUT 54 YEARS, 2. SRI. MAHADEVAIAH S/O LATE SHIVALINGAIAH AGED ABOUT 54 YEARS, BOTH ARE RESIDING AT KUMKUMNAHALLI, KAMBATHNAHALLI POST, KASABA HOBLI, TUMAKURU-572118. …PETITIONERS (BY SRI. MALLIKARJUNAIAH K.S., ADVOCATE) AND: 1. SRI. NARASIMHAMURTHY S/O VENKATAIAH DEAD BY LRS. SMT. VEERAMMA W/O NARASIMHAMURTHY AGED ABOUT 64 YEARS, 2. SRI. THIMMAIAH @ THIMMA S/O LATE NARASIMHAMURTHY Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31569 WP No. 15303 of 2026 AGED ABOUT 41 YEARS, 3. SRI. PRAKASH S/O NARASIMHAMURTHY AGED AOUT 51 YEARS, ALL ARE RESIDING AT R/O KOTHIHALLI VILLAGE, KASABA HOBLI, TUMAKURU TALUK-572 118. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO MODIFY THE ORDER OF THE APPELLATE COURT TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.6/2021 PASSED BY THE PRINCIPAL CIVIL JUDGE SENIOR DIVISION AND CJM AT TUMAKURU DATED 07.03.2026 BY ALLOWING THE APPLICATION FILED UNDER ORDER XXIII RULE1(3) OF CODE OF CIVIL PROCEDURE WITH LIBERTY TO FILE FRESH SUIT ON SAME CAUSE OF ACTION VIDE ANNEXURE-A 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 A memo is filed seeking conversion of this writ petition into an RSA. 2. The memo is taken on record. - 3 - HC-KAR NC: 2026:KHC:31569 WP No. 15303 of 2026 3. Accordingly, the petitioner is permitted to convert this writ petition into an RSA within a period of two weeks from the date of receipt of copy of the order. 4. For statistical purposes, the writ petition is disposed of. 5. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 37