- 1 - HC-KAR CNR: KAHC010389032021 NC: 2026:KHC:38330 W.P. No.19076/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.19076/2021 (GM-CPC) BETWEEN: 1. 1(a) SMT. MANORAMA L. RAO W/O LATE MR. LAKSHMAN RAO DIED AND REP BY LR’S. SMT. JYOTHI SHRITIN SHAH AGED 54 YEARS W/O MR. SHRITIN HASMUHK SHAH & D/O MRS. MANORAMA L. RAO R/AT 217, WILMINGTON DRIVE BORADVIEW HEIGHTS, OHIO 44417 USA REP BY HER BROTHER AND POWER OF ATTORNEY HOLDER MR. DATTANANDA PRABHU. 1(b) MR. DATTANANDA PRABHU AGED 50 YEARS D/O MRS. MANORAMA L. RAO R/AT NO 16, 7TH BLOCK 1ST B CROSS, GANESH MANDIR ROAD, BANGARI NAGAR BANASHANKARI 3RD STAGE BANGALORE 560085. 2. MRS. ARCHANA D. PRABHU W/O MR. DATTANANDA PRABHU AGED 40 YEARS D/O MRS. MANORAMA L. RAO R/AT 16, 7TH BLOCK, 1ST B CROSS GANESH MANDIR ROAD Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010389032021 NC: 2026:KHC:38330 W.P. No.19076/2021 BANGARI NAGAR BANASHANKARI 3RD STAGE BANGALORE 560085 REP BY HER HUSBAND AND POWER OF ATTORNEY HOLDER MR. DATTANANDA PRABHU. …PETITIONERS (BY SRI. SIBU G, ADV.,) AND: 1. SRI. M. MUNISWAMAPPA S/O LATE MOTAPPA AGED 76 YEARS. 2. SMT. CHANNAMMA W/O SRI. M. MUNISWAMPPA AGED 64 YEARS. 3. SRI. MUNIRAJU W/O MUNISWAMPPA AGED ABOUT 36 YEARS. 4. MASTER ULLARAPPA AGED 16 YEARS. 5. MASTER NAVEEN AGED 14 YEARS. 6. KUMARI KAVYA AGE 12 YEARS. 4 TO 6 ARE REPRESENTED BY THEIR FATHER NATURAL GUARDIAN SRI. MUNIRAJU, RESPONDENT NO.3. 7. SMT. LAKSHMAMMA D/O SRI. MUNISWAMAPPA AGED 30 YEARS. - 3 - HC-KAR CNR: KAHC010389032021 NC: 2026:KHC:38330 W.P. No.19076/2021 8. SRI. MANJUNATH S/O SMT. LAKSHMAMMA AGED 23 YEARS. 9. SRI. ANAND S/O LATE LAKSHMAMMA AGED 20 YEARS. 10. SRI. LAKSHMAPPA S/O LATE MOTAPPA AGED 71 YEARS. 11. SRI. SOMESH S/O SOMESH AGED 43 YEARS. 12. SRI. ANIL S/O SOMESH AGED 23 YEARS. 13. SRI. SUNIL S/O SOMESH AGED 19 YEARS. 14. SRI. BHAVANA S/O SOMESH AGED 21 YEARS. 15. SRI. KRISHNAPPA S/O LAKSHMAPPA AGED 41 YEARS. 16. KUMARI THEJI AGED 14 YEARS. 17. MASTER KASTURI AGED 12 YEAARS RESPONDENT 16 AND 17 ARE REP. BY THEIR NATURAL GUARDIAN - 4 - HC-KAR CNR: KAHC010389032021 NC: 2026:KHC:38330 W.P. No.19076/2021 AND FATHER SRI. KRISHNAPPA. 18. SRI. RAMESH S/O SRI. LAKSHMAPPA AGED 39 YEARS. 19. KUMARI DEVIKA S/O SRI RAMESH AGED 12 YEARS. 20. MASTER SUHASH S/O SRI. RAMESH AGED 9 YEARS. R19 & R20 ARE REP BY THIER FATHER RAMESH. 21. SRI. ANANDA S/O SRI LAKSHMAPPA AGED 33 YEARS. 22. SMT. NIRMALA S/O LAKSHMAPPA AGED 25 YEARS. 23. KUM. DIVYA D/O SRI LASKHMAPPA AGED 12 YEARS REP. BY HER FATHER SRI. ANANDA. 24. SRI. RAMAPPA S/O MUNISWAMY AGED 66 YEARS. 25. SMT. MUNIYAMMA W/O RAMAPPA AGED 53 YEARS. 26. SRI. R. PRABHAKAR S/O SRI. RAMAPPA - 5 - HC-KAR CNR: KAHC010389032021 NC: 2026:KHC:38330 W.P. No.19076/2021 AGED 26 YEARS. 27. SRI. R. SHEKAR S/O SRI. RAMAPPA AGED 26 YEARS. 28. SMT. SHASHIKALA W/O LATE NAGARAJ AGED 36 YEARS. 29. MASTER VINAY S/O LATE NAGARAJ AGED 16 YEARS. 30. MASTER VINOD S/O LATE NAGARAJA AGED 14 YEARS. R-29 & R-30 ARE REP. BY THEIR NATURAL GURADIAN SMT. SHASHIKALA. R-1 TO R-30 ARE R/AT VADDARAPALYA VILLAGE KOTHANUR DHAKLR UTTARAHALLI HOBLI BANGALORE SOUTH TALUK. 31. SMT. LEELAVATHI W/O T.M. SUBRAMANYA AGED 55 YEARS. 32. SRI. R.S. MOHAN KUMAR S/O T.M. SUBRAMANYA AGED 30 YEARS. 33. SMT. NETHRAVATHI D/O SRI. T.M. SUBRAMANYA AGED 28 YEARS. - 6 - HC-KAR CNR: KAHC010389032021 NC: 2026:KHC:38330 W.P. No.19076/2021 R-31 TO R-33 ARE R/AT NO.27, 2ND CROSS SOMESHWARANAGARA BANGALORE 560011. 34. THE SECRETARY CHAITANYA SCHOOL NEAR SHIVA TEMPLE KUDLU GATE, HSR LAYOUT BANGALORE 560068. 35. MR. T.S. VASANTH KUMAR S/O LATE T.M. SUBRAMANYA ADULT R/AT 27, 2ND CROSS SOMESHWARANGARA BANGALORE-560011. …RESPONDENTS (BY SMT. LEKHA JAIN, ADV., FOR SRI. SIDDHARTH SUMAN, ADV., FOR R-31 TO R-33 AND R-35 V/O/DTD:16.08.2022, NOTICE TO R-1 TO R-30 & R-34 IS D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE DT. FEBRUARY 1, 2020, OF THE LEARNED LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE, IN O.S.NO.4775/2012 (ANNEXURE-A), DISMISSING THE APPLICATION FILED BY THE PETITIONERS AND CONSEQUENTLY DIRECT THE LEARNED TRIAL JUDGE, TO CONDUCT THE TRIAL ON ALL THE ISSUES DRAWN & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR CNR: KAHC010389032021 NC: 2026:KHC:38330 W.P. No.19076/2021 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 01.02.2020 in OS.No.4775/2012 by the LXIV Additional City Civil and Sessions Judge, Bengaluru, (CCH-65), (for short 'the trial Court'). 2. Heard Sri.Sibu G., learned counsel for the petitioners, Smt.Lekha Jain, learned counsel appearing for Sri.Siddharth Suman, learned counsel for respondent Nos.31 to 33 & 35 and meticulously perused the material available on record. 3. The petitioners - plaintiffs filed a suit against the respondents - defendants seeking cancellation of the registered sale deed dated 16.09.2004, a declaration that they are the absolute owners of the suit schedule property, and other consequential reliefs. In the said suit, the defendant Nos.31 to 33 and 35 filed a detailed written - 8 - HC-KAR CNR: KAHC010389032021 NC: 2026:KHC:38330 W.P. No.19076/2021 statement. The trial Court framed the issues and decided to treat issue Nos.6 and 7 as preliminary issues. 4. Thereafter, the petitioners - plaintiffs filed an application under Order XIV Rule 2(2) read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') praying that all the issues be tried together. The said application was dismissed by the trial Court under the impugned order. The trial Court recorded the reasons that it is the primary duty of the Court to see whether the suit reliefs are properly valued and court fees paid is sufficient to proceed with the trial and that the point of limitation is a bar to the suit created by law of limitation. 5. It is required to be noticed that insofar as issue No.6 relating to court fee is concerned, learned counsel appearing for both sides submit that the plaintiffs have made good the court fee. - 9 - HC-KAR CNR: KAHC010389032021 NC: 2026:KHC:38330 W.P. No.19076/2021 6. Insofar as issue No.7 is concerned, the issue reads as under: "Whether suit is barred by the law of limitation?" In my considered view, taking note of the plaint averments and the averments in the written statements, the issue being the issue of mixed question of law and facts, it is required to be tried along with the other issues as the trial Court had already framed as many as ten issues. Hence, for the aforementioned reasons, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 01.02.2020 in OS.No.4775/2012 by the LXIV Additional City Civil and Sessions Judge, Bengaluru, (CCH-65), is hereby set aside. Consequently, IA filed by the plaintiffs under Order XIV Rule 2(2) of the CPC is allowed. - 10 - HC-KAR CNR: KAHC010389032021 NC: 2026:KHC:38330 W.P. No.19076/2021 iii. The trial Court shall trial the issue Nos.6 and 7 along with the other issues. iv. The trial Court shall endeavour to dispose of the suit as early as possible. No order as to costs Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 20