- 1 - HC-KAR CNR: KAHC010113072022 NC: 2026:KHC:43168 W.P. No.5434/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.5434/2022 (GM-CPC) BETWEEN: 1. SMT. LAKSHMAMMA W/O LATE MUNIYAPPA D/O LATE KRISHNAMMA AGED ABOUT 61 YEARS GRET GRADN DAUTHER OF LATE PUJARI VENKATAPPA R/AT NO.85, IIND CROSS THUBARAHALLI VILLAGE OVER TANK ROAD BEHIND HDFC BANK WHITEFIELD MAIN ROAD WHITEFIELD (POST) BANGALORE 560066. 2. SMT. LALITHA W/O SRI. VENKATASWAMY D/O LATE KRISHNAMMA AGED 49 YEARS GREAT GRAND DAUGHTER OF LATE PUJARI VENKATAPPA R/AT 111, BABASAHBE COLONY 16TH A MAIN, 4TH CROSS HAL II ND STAGE BANGALORE 560008. 3. SMT. LAKSHMAMMA W/O MUNISWAMY D/O LATE AKKAMMA AGED 83 YEARS GRAND DAUGHTER OF LATE Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010113072022 NC: 2026:KHC:43168 W.P. No.5434/2022 PUJARI VENKATAPPAA NO 1, '1ST MAIN, 1ST CROSS KADUBISANAHALLI, BELLANDUR BANGALORE SOUTH TQ BANGALORE 560013. 4. K. VENKATASWAMY S/O KAVERAPPA - SMT. AKKAMMA GRANDSON OF LATE PUJARI VENKATAPPA AGED 77 YEARS NO 68, 4TH B CROSS MARGONDANAHALLI ROAD ANASNDAPURAM, K R PURAM BANGALORE EAST TQ BANGALORE 560103. 5. SMT. PREMA W/O LATE RAVIKUMAR AGED 55 YEARS DAUGHTER IN LQW OF LATE SHARADAMMA, NO 74, 7TH CROSS NEAR KARAGADAMMA TEMPLE YEMALURU, BANGALORE 560037. 6. SMT. PRIYANKA .R W/O MANJURAJU D/O LATE RAVIKUMAR AGED 34 YEARS NO 166(4), 9TH CROSS GANESHA TEMPLE LALBAGH FORT ROAD DODDAMAVALLI BANGALORE SOUTH TQ BANGALORE 560004. 7. R. PREETHAM S/O LATE RAVIKUMAR AGED 32 YEARS NO 75, 7TH MAIN NEAR KARAGADAMMA TEMPLE - 3 - HC-KAR CNR: KAHC010113072022 NC: 2026:KHC:43168 W.P. No.5434/2022 8. YEMLURU BANGALORE 560004. SMT. SULOCHANA W/O MUNIYAPPA D/O LATE SHARADAMMA AGED ABOUT 59 YEARS NO.317/414, 2ND CROSS RAMAGONDANAHALLI WHITEFIELD, BANGALORE-560066. 9. K.S. MOHAN KUMAR K.S. S/O G.K. SRINIVASAMURTY AND SMT. SAKUNTALA AGED 39 YEARS 17TH CROSS, 7TH MAIN ROAD S R NAGAR, WILSON GARDEN BANGALORE 560227. 10. SMT. NETHRA W/O V. SURESH KUMAR D/O G.K. SRINIVASAMURTHY AND SMT. SAKUNTALA AGED 36 YEARS NO 15, GROUND FLOOR 3RD CROSS, BOB COLONY J P ANGAR, 7TH PHASE PUTTENAHALLI BANGALORE SOUTH TQ BANGALORE 560078. 11. VINAY KUMAR K.S. S/O G.K. SRINIVASAMURTHY AND LATE SAKUNTALA AGED 32 YEARS 17TH CROSS, 7TH MAIN ROAD S R NAGAR, WILSON GARDEN BANGALORE 560027. - 4 - HC-KAR CNR: KAHC010113072022 NC: 2026:KHC:43168 W.P. No.5434/2022 12. SMT. JYOTHI W/O GANESH D/O LATE SHARADAMMA AGED 52 YEARS NADAVATHI, HOSKOTE BANGALORE RURAL DIST BANGALORE 560067. 13. SMT. VARALAKSHMI W/O PUTTAPPA D/O LATE SHARADAMMA AGED 46 YEARS NO 148, 1ST FLOOR 1ST MAIN ROAD KALYAN NAGAR MOODALAPALYA NAGARABHAVI MAIN ROAD BANGALORE NORTH TQ BANGALORE 560072. ALL ARE REP BY THEIR SPA HOLDER K.T. RAJAPPA S/O THIPPAIAH AGED 57 YEARS NO 31, MULLURU BANGALORE 560035. …PETITIONERS (BY SRI. OMKAR BASAVA PRABHU, ADV.,) AND: SMT. VENKATAMMA W/O LATE MUNIYAPPA D/O SMT. RAMAKKA GRAND DAUGHTER OF LATE PUJARI VENKATAPPA AGED 86 YEARS DEVANAGONDHI VILLAGE AND POST KADUGODI VIA - 5 - HC-KAR CNR: KAHC010113072022 NC: 2026:KHC:43168 W.P. No.5434/2022 ANUGONDANAHALLI HOBLI HOSKOTE TQ BANGALORE RURAL DIST BANGALORE 562115. …RESPONDENT (BY SRI. SHOBHA SHIVARAMESH GOWDA R, ADV.,) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 10TH JANUARY 2022 IN OS.NO.4064/2020 ON THE FILE OF THE HON’BLE VIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-15) AT BANGALORE AT ANNEXURE-A & 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 petition is filed challenging the order dated 10.01.2022 passed in OS.No.4064/2020 by the VIII Additional City Civil and Sessions Judge, Bengaluru, (CCH- 15), (for short 'the trial Court'). The petitioners/plaintiffs have also sought a writ of mandamus directing the trial Court to consider the compromise petition filed by them at - 6 - HC-KAR CNR: KAHC010113072022 NC: 2026:KHC:43168 W.P. No.5434/2022 Annexure-E, without insisting upon the impleadment of the parties as ordered. 2. Heard the learned counsel appearing for the petitioners and meticulously perused the material available on record. 3. The petitioners/plaintiffs filed a suit in OS.No.4064/2020 against Smt.Venkatamma seeking partition and separate possession of their ½ equal shares in the suit schedule property. The suit schedule property is a vacant land measuring an extent of 18,824 square feet in Re.Sy.No.3, Old Municipal Door No.120, New Corporation Door No.193 and 194, JC Road, Bengaluru with the chekbandi mentioned in the plaint. In the said suit, the petitioners/plaintiffs and defendant filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (for short 'CPC'). Upon consideration of the same, the trial Court passed the impugned order directing the petitioners/plaintiffs to - 7 - HC-KAR CNR: KAHC010113072022 NC: 2026:KHC:43168 W.P. No.5434/2022 implead defendant Nos.1 and 2 in OS.No.267/1997 as defendants and thereafter present the compromise petition. 4. The contention of the learned counsel for the petitioners is that the suit filed by the petitioners/plaintiffs is one for partition and separate possession, whereas the suit referred to by the trial Court suo moto in its order is for injunction and the now the said suit is at the stage of arguments. It is submitted that, in the said suit, the parties have admitted ownership of the petitioners/plaintiffs, and therefore, the impugned order calls for interference. 5. It is to be noticed that the suit filed by the petitioners/plaintiffs is one for partition and separate possession. In the said suit, the other plaintiffs have executed a registered relinquishment deed dated 18.12.2020 in favour of one Sri.K.S.Mohan Kumar, petitioner No.9/plaintiff No.8. On the basis of the said - 8 - HC-KAR CNR: KAHC010113072022 NC: 2026:KHC:43168 W.P. No.5434/2022 relinquishment deed, the petitioners/plaintiffs and defendant filed a compromise petition under Order XXIII Rule 3 of the CPC and presented before the trial Court. 6. The trial Court, on noticing the pendency of another suit in OS.No.267/1997 pertaining to the very same suit schedule property, directed the parties to produce the plaint, written statement and all the documents filed in the said suit. The trial Court further noticing that, in OS.No.267/1997, defendant Nos.1 and 2 are the Director of Horticulture and the Chief Secretary of the Government of Karnataka and they were claiming right over the suit schedule property, has directed the petitioners/plaintiffs to implead the said defendants in the present suit to consider the compromise petition. 7. It is further to be noticed that the trial Court on perusal of the pleadings in OS.No.267/1997 has come to conclusion that the property which the petitioners/plaintiffs now seek to compromise in the present proceedings is the - 9 - HC-KAR CNR: KAHC010113072022 NC: 2026:KHC:43168 W.P. No.5434/2022 very same property, where the State is making a claim in another suit and passed the order. I do not find any good reason to interfere with the order of the trial Court in the present petition. Accordingly, the writ petition is devoid of merits and the same is rejected. 8. If the suit in OS.No.267/1997 is disposed of and attains finality, it is open to the petitioners/plaintiffs to seek prayer to accept the compromise petition or in alternate, the petitioners to implead the said parties in the suit filed by the petitioners. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 22