- 1 - HC-KAR CNR: KAHC010568372026 NC: 2026:KHC:43977 WP No. 25632 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25632 OF 2026 (GM-CPC) BETWEEN: SRI PRAHALADA RAO S AGED ABOUT 80 YEARS, S/O LATE SRI.B.SRINIVAS RAO, RESIDING AT NO. 327,4TH CROSS, 5TH MAIN, N.R. COLONY, BENGALURU 560 019 …PETITIONER (BY SMT. ANANDITA SRINIVASAN.,ADVOCATE) AND: SACHIN S RESIDING AT 8, 3RD CROSS, ASHOKANAGAR, BENGALURU 560050 …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT/ORDER/DIRECTION IN THE NATURE OF CERTIORARI SETTING ANNEXURE A ASIDE THE ORDER DATED 07/08/2026 PASSED IN S.C NO. 659/2026 BY THE HON'BLE XVIII ADDL. JUDGE, COURT OF SMALL CAUSES AND ACJM, AT BENGALURU (SCCH - 4) AND ETC. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010568372026 NC: 2026:KHC:43977 WP No. 25632 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: “PRAYER WHEREFORE, it is most humbly prayed that this Hon'ble Court may be pleased to i. Issue a writ/order/direction in the nature of certiorari setting aside the Annexure-A Order dated 07/08/2026 passed in S.C.No.659/2026 by the Hon'ble XVIII Addl. Judge, Court of Small Causes and ACJM, At Bengaluru (SCCH-4); ii. Issue a writ / order/ direction, directing the Hon'ble XVIII Addl. Judge, Court of Small Causes and ACJM, At Bengaluru (SCCH-4) to issue suit summons under Form 4, Appendix B, as contemplated under Order XXXVII Rule 2(2) of the CPC to the Defendant/ respondent herein in S.C.No.659/2026. iii. Grant such other relief as this Hon'ble Court deems fit;” 2. Learned counsel appearing for the petitioner/plaintiff submits that when the suit is filed under Order XXXVII Rule 2(2) of the CPC, the trial Court had failed to follow the procedure as contemplated under Order XXXVII Rule 2(2) of the CPC. It is submitted that the trial Court had issued suit - 3 - HC-KAR CNR: KAHC010568372026 NC: 2026:KHC:43977 WP No. 25632 of 2026 summons to the defendant. In fact, the summons should have been issued as per Form 4, Appendix B. It is the submission of the learned counsel for the petitioner that the trial Court cannot issue suit summons in this manner. In fact, the petitioner has filed an advancement petition to rectify the said mistake and to bring it to the notice of the Court. But the same was not taken up and the matter is coming up on 08.09.2026. 3. Considering the submissions of the learned counsel of the petitioner, this Court is passing the following order: ORDER i. Accordingly, the writ petition is disposed of directing the trial Court to hear the application filed seeking advancement of the matter within one week from the date of receipt of copy of this order. ii. The trial Court shall look into the aspect as per the procedure contemplated under Order XXXVII Rule 2(2) of the CPC and shall pass orders. - 4 - HC-KAR CNR: KAHC010568372026 NC: 2026:KHC:43977 WP No. 25632 of 2026 iii. The petitioner is at liberty to advance the matter. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 61