- 1 - HC-KAR NC: 2026:KHC:32412 W.P. No.15239/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.15239/2020 (GM-CPC) BETWEEN: SRI. VIDYA SHEERSHA THERTHARU AGE 78 YEARS OCC : PEETHADHIPATI ADDRESS VYASARAJA MUTT (SOSALE) GANDHI BAZAR BANGALORE-560004 REP. BY POWER OF ATTORNEY HOLDER SRI. RAGHAVENDRA GULU. …PETITIONER (BY SRI. VENKATESH S. ARABATTI, ADV.,) AND: 1. SRI. VENKATESH MURTHY SON OF LATE SEETHARAMAIAH AGED ABOUT 56 YEARS RESIDING AT NO.66/A, SHRINILAYA RAGHAVENDRA COLONY CHAMARAJPET, BANGALORE-560018. 2. SRI. V. GURURAJ AGED ABOUT 72 YEARS SON OF SRI. V. RAMA RAO RESIDING AT NO.158, 11TH MAIN 4TH CROSS, HANUMANTHA NAGAR BANGALORE SOUTH GAVIPURAM EXTENSION BANGALORE-560019. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32412 W.P. No.15239/2020 3. SRI. DARSHAN JAHAGIRDAR AGED ABOUT 31 YEARS SON OF SRI VASANTH JAHAGIRDHAR RESIDING AT NO.116/3B, 2ND MAIN 4TH CROSS, BASAPPA LAYOUT BANGALORE SOUTH GAVIPURAM EXTENSION BANGALORE-560019. 4. SRI. RAVIPRAKASH AGED ABOUT 56 YEARS SON OF N.R. ASHWATH NARAYANA RAO R/AT NO.59, SRINIVAS THEATER ROAD CHIKKA GOWDANA PALYA SUBRAMANYAPURA BANGALORE SOUTH BANGALORE-560061. 5. SRI. C.M. MUNISWAMY AGED ABOUT 40 YEARS SON OF SRI. MUNIYBOVI RESIDING AT CHIKKOOPA GRAMA UYYAMBALLI TALUK KANAKPURA TALUK CHIKKAKOPPA GOLLAHALLI RAMANAGAR-562119. 6. SRI. VIDYA MANOHARA TEERTHA AGE MAJOR RESIDING AT HOUSE NO.45 1ST CROSS, 4TH MAIN B BLOCK SRINAGARA, MYSORE-570031. …RESPONDENTS (BY SRI. S. SUDHARSAN, ADV., FOR R1 SRI. S. RAJASHEKAR, ADV., FOR R2 TO R5 SMT. SIRI R, ADV., FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 14.12.2020 PASSED BY THE HONBLE V ADDL. FIRST CIVIL JUDGE AND JMFC, MYSURU IN - 3 - HC-KAR NC: 2026:KHC:32412 W.P. No.15239/2020 MISC.NO.16/2020 (I.A.NO.5) PRODUCED AT ANNEXURE-K. QUASH THE ORDER DATED 14.12.2020 PASSED BY THE HONBLE V ADDL. FIRST CIVIL JUDGE AND JMFC, MYSURU, IN MISC.NO.16/2020 (I.A.NO.6) PRODUCED AT ANNEXURE-K & 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 writ petition is filed challenging the order dated 14.12.2020 passed in Misc.No.16/2020 on I.A.Nos.5 and 6 by the V Additional I Civil Judge and JMFC., Mysuru (for short, ‘the trial Court’). 2. Heard Sri.Venkatesh S.Arabatti, learned counsel for the petitioner, who is respondent No.26 before the trial Court, Sri.S.Sudharsan, learned counsel for respondent No.1, Sri.S.Rajashekar, learned counsel for respondent Nos.2 to 5 and Smt.Siri R., learned counsel for respondent No.6 and perused the material available on record. 3. The respondent No.1 herein has filed Misc.No.16/2020 seeking to set aside the compromise - 4 - HC-KAR NC: 2026:KHC:32412 W.P. No.15239/2020 decree dated 30.06.2017 passed in O.S.No.376/2016 on various grounds. In the said Miscellaneous proceedings, respondent No.6 herein has filed an application under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) seeking to transpose himself as petitioner which came to be allowed by the trial Court under the impugned order. 4. Learned counsel appearing for the petitioner as well as the learned counsel appearing for respondent No.6 submit that the dispute between the petitioner and respondent No.6 is resolved and respondent No.6 is not interested in continuing the Misc.No.16/2020 in the capacity of the petitioner or the respondent. Learned counsel for the respondent No.6 has also filed a memo dated 30.06.2026 to the said effect. 5. Sri.S.Rajashekar, learned counsel appearing for the respondent Nos.2 to 5 submits that respondent No.2 - Sri.V.Gururaj has passed away during the pendency of the - 5 - HC-KAR NC: 2026:KHC:32412 W.P. No.15239/2020 proceedings. Hence, his application in Misc.No.16/2020 also would not survive for consideration. He further submits that respondent No.3 - Sri.Darshan Jahagirdar, who is present before the Court, has instructed him to submit that he is also not interested in pursuing the Misc.No.16/2020 either as a petitioner or as a respondent. 6. Learned counsel appearing for the respondent No.1 i.e., petitioner in Misc.No.16/2020, submits that he has no objection to allow the writ petition and setting aside the impugned orders and further submits that the respondent No.1 would contest the Misc.No.16/2020 on merits. 7. Submissions of the learned counsel for the parties and the memo is placed on record. 8. In view of the subsequent development and the aforesaid submissions of the learned counsels appearing on behalf of the parties, I am of the view that that the writ - 6 - HC-KAR NC: 2026:KHC:32412 W.P. No.15239/2020 petition deserves to be allowed. Hence, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 14.12.2020 passed in Misc.No.16/2020 on I.A.Nos.5 and 6 by the V Additional I Civil Judge and JMFC., Mysuru, is hereby set aside. Consequently, I.A.Nos.5 and 6 is rejected. No orders as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 30