- 1 - HC-KAR CNR: KAHC010662052025 NC: 2026:KHC:46760 WP No. 31008 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 31008 OF 2025 (GM-CPC) BETWEEN: SRI K V VENKATACHALAPATHI S/O LATE. K . ABBAIAH SETTY @ VENKATARAMANAIAH SETTY SINCE DEAD SURVIVED BY PETITIONERS 2 AND 3 SRI. K V VENKATARATHNAM SINCE DEAD BY LR'S 1. SMT. UMADEVI W/O LATE VENKATARATHNAM AGED ABOUT 65 YEARS R/AT NO. 37, 4TH CROSS CHAMARAJPET, BENGALURU-560018. 2. SRI. K. VENKATESH BABU S/O LATE K. VENKATACHALAPATHI SETTY AGED ABOUT 60 YEARS R/AT NO. 4, 1ST CROSS JARAGANAHALLI VILLAGE BENGALURU-560078. …PETITIONERS (BY SRI. V. VIJAYA SHEKARA GOWDA., ADVOCATE) AND: SRI K RADHAKRISHNA SETTY S/O LATE. K. ABBAIAH SETTY Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010662052025 NC: 2026:KHC:46760 WP No. 31008 of 2025 @ VENKATARAMANAIAH SETTY SINCE DEAD BY LR'S 1. SMT. MANJULA W/O LATE. RADHAKRISHNA SETTY K AGED ABOUT 80 YEARS. 2. SMT. MALA W/O LATE. SATISH BABU AGED ABOUT 52 YEARS. 3. KUMARI. NITHYA D/O. LATE. SATISH BABU AGED ABOUT 30 YEARS. 4. SMT. LAKSHMI D/O LATE. RADHAKRISHNA SETTY. K AGED ABOUT 50 YEARS BANGALORE-560 004. 5. SRI. SRINIVAS S/O LATE. RADHAKRISHNA SETTY. K AGED ABOUT 48 YEARS R1 TO R5 ARE R/AT NO.163/D/32 KANAKAPURA MAIN ROAD BASAVANAGUDI. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED ORDER DATED: 27.06.2025 PASSED IN MISC PETITION NO. 968/2016 ON IA NO. 1 UNDER SECTION 5 OF THE LIMITATION ACT BY THE XIV ADDL. CITY CIVIL AND SESSION JUDGE (CCH-28) AT BENGALURU AS PER ANNEXURE- A AND THEREBY ALLOW IA NO. 1 FILED BY THE PETITIONERS UNDER SECTION 5 OF THE LIMITATION ACT AS PER ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010662052025 NC: 2026:KHC:46760 WP No. 31008 of 2025 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition, petitioners are challenging the order dated 27.06.2025 passed by the XIV Addl. City Civil and Sessions Judge, Bengaluru, on I.A.No.1 filed under Section 5 of the Limitation Act seeking for condonation of delay in filing Misc.No.968/2016 in FDP No.50/2000, wherein the said application has been dismissed and consequently, Misc.No.968/2016 has been dismissed. Office has raised objection regarding maintainability of the writ petition stating that since the miscellaneous petition is filed under Order 9 Rule 13 of CPC seeking to set aside the exparte judgment passed in FDP No.50/2000, the petitioner has a remedy of appeal under Order 43 Rule 1(d) of CPC. Office objection regarding maintainability of writ petition is upheld. Accordingly, the writ petition is dismissed. - 4 - HC-KAR CNR: KAHC010662052025 NC: 2026:KHC:46760 WP No. 31008 of 2025 Liberty is reserved to the petitioners to approach the appropriate legal forum in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 13