- 1 - HC-KAR CNR: KAHC010471482026 NC: 2026:KHC:45306 WP No. 21752 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 21752 OF 2026 (GM-CPC) BETWEEN: N.SATHYANARAYANA @ SATHYA S/O.LATE. K.NAGARAJ, AGED ABOUT 38 YEARS, R/AT NO.404/2011, VENKATESHWARA LAYOUT, KEB ROAD, B.T.M. 1ST STAGE, MADIWALA, SOUTH BENGALURU - 560 068. …PETITIONER (BY SRI. SHANKARAPPA G B.,ADVOCATE) AND: 1. K.VENUGOPAL, S/O. KUNJIRAMAN, AGED ABOUT 71 YEARS, RESIDING AT NO.15, SRI RAMA NILAYA, 2ND MAIN, BEHIND OLD FATHIMA SCHOOL, MADIWALA, BENGLAURU - 560 068. 2. K.C.MADHUSUDANAN, S/O.LATE. PUTHALATH KRISHNAN AGED ABOUT 57 YEARS, R/AT NO.11/1, 2ND A MAIN, MADIWALA EXTENSION, BENGALURU - 560 068 …RESPONDENTS Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010471482026 NC: 2026:KHC:45306 WP No. 21752 of 2026 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF O.S.NO.1557/2022 AND DISPOSED ON 16/10/2025 AND MISC.PETI.NO.710/2026 IN O.S.NO.1557/2022 AND EX. PETI.NO.197/2026 ON THE FILE OF THE HON'BLE LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, CCH-70, DATED 24/07/2026 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking for the following prayers: "WHEREFORE, it is respectfully prays that this Hon'ble court may be pleased to call for the records of O.S.No.1557/2022 and disposed on 16.10.2025 and Misc.Peti.No.710/2026 in O.S.No.1557/2022 and Ex.Peti.No.197/2026 on the file of the Hon'ble LXIX Addl. City Civil and Sessions Judge, Bengaluru, CCH- 70, dated 24/07/2026 and 1. Direct to the Hon'ble Trial Court LXIX Addl. City Civil and Sessions Judge, Bangalore, CCH-70 to consider for set aside O.S.No.1577/2022 order dated 16.10.2025 at Annexure-B and restore this suit by allowing Misc.Pet.No.710/2026 Annexure-E1." - 3 - HC-KAR CNR: KAHC010471482026 NC: 2026:KHC:45306 WP No. 21752 of 2026 2. During the pendency of the writ petition, by way of amendment, the petitioner has filed I.A.No.1/2026, seeking to amend the writ petition as under: " That for the reasons stated in the accompanying affidavit the above named petitioner most respectfully prays that pertaining to the above case the petitioner wish to amendment the petition in prayer column 2nd clause as 1) as direct, the Hon'ble trial court to allow the Misc.Pet.No.710/2026 Annexure-E, consequently directing the trial court to set aside the ex-parte judgment and decree of O.S.No.1557/2022 dated 12/12/2025 Annexure-A on the file of the Hon'ble LXIX Addl.City Civil and sessions Judge, Bengaluru (CCH-70). After permitting the petitioner to contest the case with his facts and permitting the petitioner to contest the case with his facts and permit to delete the previous enclose one para. INTERIM PRAYER Stay the execution proceeding of Ex.Pet.No.197/2026 Annexure-C pending before the Hon'ble LXIX Addl. City Civil and sessions Judge, Bengaluru (CCH-70) until pending disposal of this case in the interest of justice and equity. " - 4 - HC-KAR CNR: KAHC010471482026 NC: 2026:KHC:45306 WP No. 21752 of 2026 3. The prayer made in the writ petition as originally filed, as well as the prayer sought to be introduced by way of amendment seeks a adjudication by this Court in respect of the relief which is already the subject matter of consideration before the trial Court in Misc.Pet.No.710/2026. No order is passed by the trial Court on the said Misc.Pet.No.710/2026, which is called in question before this Court. Accordingly, the Writ Petition is hereby dismissed. I.A.No.1/2026 is also dismissed. 4. It is made clear that, this order shall not preclude the petitioner from prosecuting the Misc.Pet.No.710/2026 or availing such remedy as available in law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 6