- 1 - HC-KAR CNR: KAHC010507022026 NC: 2026:KHC:46738 WP No. 23005 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE B.PRAMOD WRIT PETITION NO.23005 OF 2026 (GM-CPC) BETWEEN: K. NARESH AGED 61 YEARS S/O. LATE B. K. KRISHNAPPA RESIDING AT NO.C-5 KALAPPA BLOCK RAMACHANDRAPURAM BENGALURU-560 021 …PETITIONER (BY SRI SURENDRA KUMAR N., ADVOCATE) AND: 1. INDUMATHI AGED 83 YEARS W/O. LATE J. V. SRINIVASA MURTHY R/A. NO.939, 2ND CROSS BRINDAVAN LAYOUT NEAR P AND T QUARTERS KAVALBYRASANDRA R. T. NAGAR POST BENGALURU-560 032 2. SHRUTHI MANJUNATH AGED 42 YEARS D/O. LATE J. V. SRINIVAS MURTHY R/AT NO.912, 8TH A MAIN KAVALBYRASANDRA NEW EXTENSION Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010507022026 NC: 2026:KHC:46738 WP No. 23005 of 2026 ADITYANAGAR L.R. BANDE MAIN ROAD BENGALURU-560 032 3. SWATHI SRINIVASAMURTHY AGED 57 YEARS D/O. LATE J. V. SRINIVASMURTHY R/AT NO.939, 2ND CROSS BRINDAVAN LAYOUT NEAR P AND T QUARTERS KAVALBYRASANDRA R. T. NAGAR POST BENGALURU-560 032 4. SRINIVASA GOWDA AGED ABOUT 61 YEARS R/AT MANDUR VILLAGE AND POST VIRGONAGAR BENGALURU-560 049 5. BASAVEGOWDA AGED 55 YEARS R/AT MANDUR VILLAGE AND POST VIRGONAGAR BENGALURU-560 049 6. VENKATE GOWDA AGED 51 YEARS R/AT MANDUR VILLAGE AND POST VIRGONAGAR BENGALURU-560 049 7. VISHALAKSHI W/O. LATE JAGADISH GOWDA S/O. LATE VENKATASWAMY AGED 69 YEARS - 3 - HC-KAR CNR: KAHC010507022026 NC: 2026:KHC:46738 WP No. 23005 of 2026 8. KUMARI DEEPIKA D/O. LATE JAGADISH GOWDA 1ST SON OF LATE VENKATASWAMY AGED ABOUT 42 YEARS 9. KUMARI. DIVYA D/O. LATE JAGADISH GOWDA S/O. LATE VENKATASWAMY AGED ABOUT 39 YEARS 10. PREMA W/O. LATE SATHYANARAYANA S/O. LATE VENKATASWAMY AGED ABOUT 56 YEARS 11. VASUDEVA S/O. LATE VENKATASWAMY AGED ABOUT 61 YEARS RESPONDENT NOS.7 TO 11 ARE R/AT.NO.294, 17TH CROSS SAMPIGE ROAD, MALLESHWARAM BENGALURU 12. V. INDIRA W/O. SRINIVASAMURTHY AGED ABOUT 81 YEARS 182/. 2ND MAIN, 9TH CROSS GANGANAGAR LAYOUT BENGALURU- 86 13. V. PREMA W/O. LATE MUNIYAPPA AGED ABOUT 80 YEARS R/AT.NO.456, 8TH CROSS MAHALAKSHMI LAYOUT BENGALURU-560 086 - 4 - HC-KAR CNR: KAHC010507022026 NC: 2026:KHC:46738 WP No. 23005 of 2026 14. V. RAMA W/O. VISHWANATHA GOWDA AGED-MAJOR R/AT.NO.124, 6TH CROSS LAKE ROAD, C.V.RAMAN NAGAR POST BENGALURU-560 093 15. V. UMA W/O. PREMAKUMAR AGED ABOUT 73 YEARS R/AT NO. REPUBLIC SAW MILLS BEHIND TOWN CLUB CHAMRAJNAGAR 16. SMT. RASHMI AGED ABOUT 51 YEARS D/O. J. V. VASANTHAMMA R/AT NO.16, 1ST CROSS RAJAGOPAL BUILDING MUNIKALAPPA GARDEN R.S. PALYA, KAMMANAHALLI MAIN ROAD BENGALURU-560 033 17. J. V. JAYALAKSHMI W/O. LATE NARASIMHAIAH AGED ABOUT 74 YEARS NO.95, 16TH CROSS 2ND MAIN, M.N. FARM GEDDALAHALLI BENGALURU-560 033 18. SMT. J. V. LEELA W/O. S. R. SHIVAKUMAR AGED 71 YEARS R/AT.NO.12, 3RD CROSS, 8TH MAIN TEACHERS COLONY, HBR LAYOUT BENGALURU-560 043 - 5 - HC-KAR CNR: KAHC010507022026 NC: 2026:KHC:46738 WP No. 23005 of 2026 19. SMT. J. V. ANJANAMMA W/O. S. NANDEESH AGED ABOUT 68 YEARS R/AT.NO.12, 3RD CROSS, 8TH MAIN TEACHERS COLONY, HBR LAYOUT BENGALURU-560 043 20. J. V. PADMAVATHI W/O. A. N. NARAYANA SWAMY AGED 66 YEARS R/AT.NO.18, AECS LAYOUT 16TH CROSS, 6TH MAIN M.N. FARM, SANJAY NAGAR BENGALURU-560 094 21. SMT. YAMUNA B. K. D/O. SHANTHAMMA @ SAVITHRAMMA W/O. ERAIAH AGED 75 YEARS R/AT NO.28, LALITA MANOR AECS LAYOUT, 14TH CROSS SANJAY NAGAR BENGALURU-560 094 22. SMT. USHA K. W/O. G. PUTTASWAMY AGED ABOUT 52 YEARS R/AT NO.71/A, 12TH CROSS CANARA BANK LAYOUT VIDHYARANYAPURA POST BENGALURU-560 097 23. SMT. RAJANI K. D/O. SHANTHAMMA @ SAITHRAMMA W/O. G. RAVI AGED ABOUT 69 YEARS R/AT NO.1, BTR HOUSE SRI VENKATASWAMY NILAYA ABBIGERE EXTENSION - 6 - HC-KAR CNR: KAHC010507022026 NC: 2026:KHC:46738 WP No. 23005 of 2026 CHIKKANAVARA POST BENGALURU-560 090 24. KANTHAMMA W/O. N. CHANDRASHEKARA REDDY AGED ABOUT 69 YEARS R/AT.53, 1ST FLOOR BASAPPA ROAD, SHANTHINAGAR BENGALURU-560 027 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY VII ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU I.A. NO.19, FILED UNDER ORDER 23 RULE 1A READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, IN O.S.NO.2154/2005 DATED 25/06/2026, PRODUCING AT ANNEXURE-D BY ALLOWING THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B.PRAMOD - 7 - HC-KAR CNR: KAHC010507022026 NC: 2026:KHC:46738 WP No. 23005 of 2026 ORAL ORDER The petitioner-defendant No.3 before the trial Court has filed the present writ petition challenging the validity of the order dated 25.06.2026 passed on IA No.19 filed under order XXIII Rule 1(a) r/w Section 151 of CPC, 1908, praying for transposition as plaintiff to the suit proceedings. Suit is filed by the plaintiff for partition. 2. Heard Learned Counsel Sri.Surendra Kumar for the petitioner and perused the writ petition papers. 3. The trial court has noted that an application was filed on 16.07.2010 and objections to the same was also filed on 12.08.2020. Learned counsel for the petitioner submits that there is a mistake in mentioning that objection to the I.A was filed. 4. The trial court while considering the I.A has noted that in a suit for partition, all the parties to the suit/case are plaintiffs. Further, it has noted even if defendant No.3 is transposed as plaintiff or remained as defendant, nothing will change the nature of the suit and it has specifically noted that - 8 - HC-KAR CNR: KAHC010507022026 NC: 2026:KHC:46738 WP No. 23005 of 2026 the plaintiffs have not abandoned the suit and it is hotly contested. That apart, the trial Court has noted that a similar application filed by defendant Nos.14 to 17 in IA No.54 has been dismissed on 06.03.2026. 5. Learned counsel for the petitioner submits that the above application filed was not disposed of immediately and he had to pursue to have the application disposed of and the plaintiff is making an attempt to delete the properties mentioned in the schedule of the plaintiff. In this regard he points to the memo dated 16.3.2026 ( Annexure-E). 6. This Court notes the principles of decision reported in 2026 SCC OnLine SC 745 of the Supreme Court of India between NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD. AND ANOTHER VS B. GURAPPA NAIDU AND OTHERS. The principles governing the exercise of supervisory jurisdiction under Article 227 of the Constitution are well settled and are to be applied with restraint. This power is extraordinary in nature and is meant to be invoked only in cases of unwarranted assumption of jurisdiction, gross abuse of jurisdiction, or unjustifiable refusal to exercise jurisdiction - 9 - HC-KAR CNR: KAHC010507022026 NC: 2026:KHC:46738 WP No. 23005 of 2026 vested in the subordinate court or tribunal. It is not a roving commission to correct errors of fact or law that do not appear on the face of the record, nor is it a substitute for an appeal. This Court, when exercising this jurisdiction under Article 227, does not sit as a court of first appeal to reappreciate or reweigh evidence or findings of fact made by the subordinate Court. 7. Applying these principles to the facts of the present case, the impugned order does not attract any of the grounds warranting interference. The trial court’s reasoning is that the parties to the partition suit are plaintiffs and that nothing would change even if transposition takes place. Further, as the suit is contested by the plaintiffs, nothing prevents the petitioner from contesting the matter and urging all contentions; the petitioner also takes the place of plaintiff in the partition suit. Hence, interference from this Court is not warranted as no error has been pointed out. The memo referred to by the learned counsel is for the petitioner-defendant No. 3 to take appropriate steps to oppose, and the same does not call for adjudication in the present case. - 10 - HC-KAR CNR: KAHC010507022026 NC: 2026:KHC:46738 WP No. 23005 of 2026 In view of the above, the present writ petition stands rejected. No order as to costs. Sd/- (B.PRAMOD) JUDGE BSV List No.: 1 Sl No.: 9