- 1 - HC-KAR CNR: KAHC010466172026 NC: 2026:KHC:44602 WP No. 20989 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20989 OF 2026 (GM-CPC) BETWEEN: 1. GOVINDA RAO SINCE DEAD BY HIS LRS RAJA RAO S/O LATE GOVINDA RAO AGED ABOUT 48 YEARS 2. RAVI RAO S/O LATE GOVINDA RAO AGED ABOUT 46 YEARS BOTH ARE RESIDING AT BEHIND NEELAKANTESHWARA TEMPLE, HORPET CIRCLE, TUMAKURU-572 101 …PETITIONERS (BY SRI. SOMASHEKARA K.M., ADVOCATE) AND: 1. FATHIMA BI SINCE DEAD BY HER LRS SHAKEELA D/O FATHIMA MAJOR DILSHAD, SINCE DEAD BY LRS 2. SALLEM @TOPIWALA S/O SYED PEER SAB MAJOR Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010466172026 NC: 2026:KHC:44602 WP No. 20989 of 2026 BOTH ARE R/O OLD BARLINE, OPP. KADAPA SLAB, OPP. TO SELLER HOUSE OLD ELECTRICITY OFFICE QUARTERS ROAD TUMAKURU-572 101 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER DATED 12.07.2023 PASSED IN MIS. 7 OF 2016 BY THE II ADDL. CIVIL JUDGE AND JMFC, TUMKUR, UNDER ORDER 22 RULE 9 OF CPC, VIDE ANNEXURE-E AND CONSEQUENTIALLY, ALLOW THE APPLICATION FILED UNDER ORDER 22 RULE 9 OF CPC IN MIS. 7 OF 2016 VIDE ANNEXURE- A, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The Office has raised objection regarding the maintainability of the writ petition. 2. A memo is filed seeking permission to convert this writ petition into a Miscellaneous First Appeal. The memo is taken on record. 3. Accordingly, the writ petition is disposed of for statistical purposes and the petitioners are permitted to convert - 3 - HC-KAR CNR: KAHC010466172026 NC: 2026:KHC:44602 WP No. 20989 of 2026 this writ petition into a Miscellaneous First Appeal within one week from the date of receipt of copy of this order. i. Registry is directed to return all the documents to the petitioner, retaining the office copy. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI ) JUDGE MEG List No.: 1 Sl No.: 29