- 1 - HC-KAR CNR: KAHC010478542026 NC: 2026:KHC:36622 WP No. 21492 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21492 OF 2026 (GM-CPC) BETWEEN: M/S G.R.STRUCTURES A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.2, FIRST FLOOR, KSB UNITED PROPERTIES, OLD MADRAS ROAD, HUSKUR VILLAGE, MANDUR PANCHAYATH, BIDARAHALLI HOBLI, BENGALURU-560 049 REPRESENTED BY ITS MANAGING PARTNER SRI.R.GANGADHAR, S/O SRI RAVINDRA NAIDU, AGED ABOUT 46 YEARS …PETITIONER (BY SRI. KARTHIK V., ADVOCATE) AND: 1. SMT.NANJAMMA AGED ABOUT 66 YEARS, D/O LATE CHIKKA MUNIYAPPA 2. SRI. NANJAPPA, AGED ABOUT 61 YEARS, S/O LATE CHIKKA MUNIYAPPA 3. SMT. LAKSHMAMMA AGED ABOUT 51 YEARS, W/O LATE VEERABHADRAPPA Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010478542026 NC: 2026:KHC:36622 WP No. 21492 of 2026 4. SRI. GIRISH, AGED ABOUT 32 YEARS, S/O LATE VEERABHADRAPPA, 5. SRI. RAMESH, AGED ABOUT 27 YEARS, S/O LATE VEERABHADRAPPA, 6. SMT. BHADRAMMA, AGED ABOUT 61 YEARS, D/O LATE BODEPPA, 7. SRI. MUNIRAJAPPA, AGED ABOUT 57 YEARS, S/O LATE BODEPPA 8. SRI. SHIVA KUMAR, AGED ABOUT 55 YEARS, S/O LATE BODEPPA 9. SRI. CHIKKA MUNIYAPPA, AGED ABOUT 62 YEARS, S/O LATE THOTI MUNIYAPPA 10. SRI. VENKATESHAPPA, AGED ABOUT 60 YEARS, S/O LATE THOTI MUNIYAPPA 11. SMT. MUNILAKSHMAMMA, AGED ABOUT 58 YEARS, D/O LATE THOTI MUNIYAPPA 12. SMT. JAYALAKSHMAMMA, AGED ABOUT 56 YEARS, D/O LATE THOTI MUNIYAPPA 13. SRI VEERABHADRAPPA, AGED ABOUT 54 YEARS, S/O LATE THOTI MUNIYAPPA - 3 - HC-KAR CNR: KAHC010478542026 NC: 2026:KHC:36622 WP No. 21492 of 2026 RESPONDENTS NO.1 TO 13 ARE RESIDING ATANUGONDANAHALLI VILLAGE AND HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-560 067 14. SRI. A.M. DYAVANNA, AGED ABOUT 71 YEARS, S/O LATE CHIKKAMUNIYAPPA @ D. MUNIYAPPA 15. SMT. NARAYANAMMA, AGED ABOUT 61 YEARS, W/O A.M. DYAVANNA, RESPONDENT NO.14 AND 15 ARE RESIDING ATNO.162, RAMESH BUILDING, OPP. KIRTHI MEDICAL SHOP VISHNU CIRCLE, NAGAWARAPALYA, C.V RAMAN NAGAR, BENGALURU-560 093 16. SRI. SHIVAKUMAR D., AGED ABOUT 46 YEARS, S/O A.M. DYAVANNA, R/AT KRISHNAPPA BUILDING, OPP. TRINI CHICKEN, NAGARAPALYA,C.V. RAMAN NAGAR, BENGALURU-560093. 17. SRI. MANJUNATH D., AGED ABOUT 40 YEARS, S/O A.M. DYAVANNA, R/AT MUNIREDDY BUILDING, 4TH A CROSS, KAGGADASAPURA, C.V. RAMAN NAGAR, BENGALURU-560093. 18. SMT. PADMAVATHY, AGED ABOUT 37 YEARS, D/O A.M. DYAVANNA, - 4 - HC-KAR CNR: KAHC010478542026 NC: 2026:KHC:36622 WP No. 21492 of 2026 W/O THIPPESWAMY, R/AT JEEVANADI APARTMENT, KODIGEHALLI, BENGALURU-560092. 19. SRI. SRINATH D., AGED ABOUT 41 YEARS, S/O A.M. DYAVANNA, R/AT NO.640, NEAR JAMES SCHOOL ROAD, AVALAHALLI, BENGALURU EAST TALUK, VIRGONAGAR POST, BENGALURU-560049. 20. SMT. SHANTHAMMA, AGED ABOUT 71 YEARS, W/O LATE PILLATHOTAPPA, R/AT ANUGONDANAHALLI VILLAGE AND HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-560067. 21. SRI. RAMANJINI, AGED ABOUT 56 YEARS, S/O MUNIYAPPA, R/AT KURUBARAPETE, NEAR UNDERPASS, HOSKOTE TOWN, BENGALURU RURAL DISTRICT-562114. 22. SRI. MUNISHAMAPPA, AGED ABOUT 58 YEARS, S/O LATE RAMAYYA, R/AT V.V. LAYOUT, GANGAMMA GUDI ROAD, HOSKOTE TOWN, KASABA HOBLI, BENGALURU RURAL DISTRICT-562114. 23. SMT. SHANTHAMMA, AGED ABOUT 60 YEARS, W/O LATE MUNIYAPPA, 24. SRI. RAVI KUMAR, AGED ABOUT 42 YEARS, S/O LATE MUNIYAPPA, - 5 - HC-KAR CNR: KAHC010478542026 NC: 2026:KHC:36622 WP No. 21492 of 2026 25. SRI. VASANTH KUMAR, AGED ABOUT 40 YEARS, S/O LATE MUNIYAPPA, 26. SRI. VEERABHADRAPPA, AGED ABOUT 52 YEARS, S/O LATE DODDA MUNIYAPPA, 27. SRI. MUNIKRISHNAPPA, AGED ABOUT 47 YEARS, S/O LATE DODDA MUNIYAPPA RESPONDENT NO.23 TO 27 ARE RESIDING ATANUGONDANAHALLI VILLAGE AND HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU-560 117 28. SMT. M. RAJAMMA, AGED ABOUT 53 YEARS, D/O LATE DODDAMUNIYAPPA, W/O M. RAMACHANDRA, R/AT MATHRUSHREE NILAYA, KUMBARA ROAD, GO KRISHNAPPA LAYOUT, CHANNASANDRA, KADUGODI POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU-560 067 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER-SHEET ENTRY DATED 20.06.2026 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT HOSKOTE IN O.S. NO.746/2024, PRODUCED AT ANNEXURE-B, INSOFAR AS THE PLAINTIFFS MEMO DATED 22.05.2026 HAS BEEN HEARD AND TAKEN FOR PRONOUNCEMENT WITHOUT FIRST CONSIDERING I.A. NO.5 IN O.S. NO.746/2024. - 6 - HC-KAR CNR: KAHC010478542026 NC: 2026:KHC:36622 WP No. 21492 of 2026 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: i. Set aside the order-sheet entry dated 20.06.2026 passed by the learned Senior Civil Judge and JMFC at Hoskote in O.S. No.746/2024, produced at Annexure-B, insofar as the plaintiffs' memo dated 22.05.2026 has been heard and taken for pronouncement without first considering I.A. No.5 in O.S. No.746/2024; ii. Direct the learned Senior Civil Judge and JMFC at Hoskote to first hear and dispose of I.A. No.5 filed by the petitioner under Order I Rule 10(2) read with Section 151 CPC, in O.S. No.746/2024, after affording opportunity to all concerned parties, and thereafter consider the plaintiffs' memo dated 22.05.2026 in accordance with law, vide Annexure- C; iii. Direct the learned Trial Court, while considering the plaintiffs' memo dated 02.05.2026, in O.S. No.746/2024, vide Annexure-E to take into account the written statement and counterclaim filed by Defendant No.1 and the provisions of Order VIII Rule 6-D and Order XXIII Rule 1-A CPC; and iv. Grant such other writ, order or direction as this Hon’ble Court deems fit under the circumstances of the case, in the interest of justice and equity. 2. Learned counsel appearing for the petitioner submits that OS.No.746/2024 is filed before the Senior Civil Judge & - 7 - HC-KAR CNR: KAHC010478542026 NC: 2026:KHC:36622 WP No. 21492 of 2026 JMFC, Hosakote, and in that I.A.No.5 is filed under Order 1 Rule 10(2) of CPC seeking to implead himself. The plaintiff has executed a revocable GPA, and as per the same, he has to pursue the litigation. However, on 02.05.2026, a memo is filed seeking to withdraw the suit with liberty to file a suit for declaration. 3. It is further submitted that I.A. No. 5, filed by the petitioner in March 2026, is still pending. In the meantime, if this memo is considered, it would cause considerable hardship to the petitioner. Hence, the petitioner has come before this court seeking a mandamus. 4. Having heard the learned counsel for the petitioner and perused the material on record, it is noted that this application was filed in March 2026. In the light of the fact that the memo was filed in May 2026, the plaintiff wants to withdraw the suit with liberty to file a fresh suit. According to the impleaded applicants, if the memo is considered, their rights will be affected. 5. Considering the same, this court is passing the following: - 8 - HC-KAR CNR: KAHC010478542026 NC: 2026:KHC:36622 WP No. 21492 of 2026 ORDER i. The writ petition is disposed of directing the Senior Civil Judge & JMFC Court, Hoskote to dispose of I.A.No.5 as expeditiously as possible. ii. Pending I.As., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 53