- 1 - HC-KAR CNR: KAHC010648972026 NC: 2026:KHC:52604 WP No. 29772 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29772 OF 2026 (GM-CPC) BETWEEN: 1. SMT.SHARADAMMA W/O LATE SHIVANANJAPPA, S/O LATE ANKAIAH AGED ABOUT 66 YEARS, 2. NAVEEN KUMAR GRANDSON OF LATE ANKAIAH, S/O LATE SHIVANANJAPPA, S/O LATE ANKAIAH, AGED ABOUT 44 YEARS, 3. CHETHAN KUMAR GRANDSON OF LATE ANKAIAH S/O LATE SHIVANANJAPPA S/O LATE ANKAIAH AGED ABOUT 42 YEARS, 4. ARUN KUMAR GRANDSON OF LATE ANKAIAH S/O LATE SHIVANANJAPPA, S/O LATE ANKAIAH AGED ABOUT 40 YEARS, ALL R/AT, MALLISH NURSERY NO. 321, 5TH MAIN, JAYA NAGAR, 1ST BLOCK, BENGALURU- 560011. …PETITIONERS (BY SRI. VIVEK M. S., ADVOCATE) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010648972026 NC: 2026:KHC:52604 WP No. 29772 of 2026 AND: 1. SMT.MOHANAMBA K. S., GRAND D/O LATE ANKAIAH, D/O LATE SMT. M A SUSHEELAMMA, AGED ABOUT 58 YEARS, R/A, NO.08, KHB COLONY, NEAR JET PUBLIC SCHOOL, OPP. WATER TANK KANAKAPURA-562117, 2. SRI K S GURU PRASAD GRAND SON OF LATE ANKALAH S/O LATE SMT M A SUSHEELAMMA, AGED ABOUT 56 YEARS, R / A NO.1366/17, 28TH MAIN ROAD, NEW SOUTH END, EAST END MAIN ROAD, JAYA NAGAR, 9TH BLOCK, BENGALURU- 560069, 3. SMT. K. S. DEVIKA, GRAND DAUGHTER OF LATE ANKAIAH, DAUGHTER OF LATE SMT M A SUSHEELAMMA AGED ABOUT 55 YEARS, R/A NO.07, 9TH MAIN, NATARAJA LAYOUT, JP NAGAR, BENGALURU-560078, 4. SMT. K S PUSHPA GRAND DAUGHTER OF LATE ANKAIAH DAUGHTER OF LATE SMT M A SUSHEELAMMA AGED ABOUT 52 YEARS R / A NO.27, 11TH MAIN, 14TH CROSS, BTM 2ND STAGE, BENGALURU-560076, 5. MR AALAP M KUMAR S / O LATE SMT K S VISHALAKSHI, GRANDSON OF LATE SMT M A SUSHEELAMMA, GREAT GRANDSON OF LATE ANKAIAH, - 3 - HC-KAR CNR: KAHC010648972026 NC: 2026:KHC:52604 WP No. 29772 of 2026 AGED ABOUT 25 YEARS, R/A, NO.27, 11TH MAIN, 14TH CROSS, BTM 2ND STAGE, BENGALURU-560076, 6. KUM. KRITI S R (MINOR) D / O LATE SMT K S ROOPA AND H SARAVANA GRAND D/O LATE SMT M A SUSHEELAMMA, GREAT GRAND DAUGHTER OF LATE ANKAIAH SINCE MINOR REPRESENTED BY HER FATHER H SARAVANA 7. CHI. PRATEEK S R (MINOR) S / O LATE SMT K S ROOPA AND H SARAVANA GRAND D/O, LATE SMT M A SUSHEELAMA, GREAT GRAND SON OF LATE ANKAIAH SINCE MINOR REPRESENTED BY HIS FATHER H SARAVANA, RESPONDENT NO.6 AND 7 BOTH R/A, NO.17/A RANJITHA NILAYA, 2ND FLOOR, NEAR RAMA MANDIRA, KAVERI NAGARA, KATRIGUPPE MAIN ROAD, BSK- 3RD STAGE, BENGALURU-560085, 8. SMT C BHARATHI GRAND D / O LATE ANKAIAH D/O LATE SMT NAGARATHNAMMA AGED ABOUT 50 YEARS, 9. JAYADEEP KUMAR C GRAND S/0 LATE ANKAIAH S/O LATE SMT NAGARATHNAMMA AGED ABOUT 47 YEARS, 10. SRI SUNIL KUMAR C GRAND S / O LATE ANKAIAH S/O LATE SMT NAGARATHNAMMA - 4 - HC-KAR CNR: KAHC010648972026 NC: 2026:KHC:52604 WP No. 29772 of 2026 AGED ABOUT 42 YEARS, RESPONDENT No.8 TO 10 ARE R/AT NO.48, 2ND CROSS, BASAWESHWARA NAGARA, KOMMAGHATTA, KENGERI, BENGALURU- 560060. 11. SMT. SUNITHA C., GRAND D/O LATE ANKAIAH D/O LATE SMT NAGARATHNAMMA ABOUT 42 YEARS R/A POLICE OFFICE QUARTERS, FSL COMPOUND BEHIND MADIWALA POLICE STATION, BENGALURU- 560068, 12. SMT SUPRIYA C GRAND D/O, LATE ANKAIAH D/O, LATE SMT NAGARATHNAMMA AGED ABOUT 42 YEARS R/A, C/O T GOPALIAH NO.4063, SHANKARA NAGARA, 2ND CROSS, CHANDAGALU LAYOUT, MANDYA-571401, …RESPONDENTS (VIDE ORDER DATED 23.09.2026 NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 02.09.2026 VIDE ANNEXURE-A IN O.S NO.6648/2024 ON THE FILE OF THE I ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU IN SO FAR AS THE LEARNED TRIAL COURT PROCEEDED TO POST THE MATTER FOR DEFENDANTS EVIDENCE WITHOUT FIRST CONSIDERING - 5 - HC-KAR CNR: KAHC010648972026 NC: 2026:KHC:52604 WP No. 29772 of 2026 THE PETITIONERS APPLICATION UNDER ORDER XII RULE 6 CPC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER 1. The limited grievance raised in the present petition is that the trial Court has proceeded to record the evidence of the defendants without considering the application filed by the petitioners under Order XII Rule 6 of the CPC. 2. The suit is one for partition and separate possession. The petitioners have filed the application seeking a judgment and decree dismissing the suit on the basis of the admissions made in the pleadings, the affidavit filed in lieu of examination-in- chief and the deposition of PW1, including the cross- examination, which stands corroborated by the exhibits placed on record. 3. Learned counsel appearing for the petitioners submits that, if the evidence of the defendants is recorded without first - 6 - HC-KAR CNR: KAHC010648972026 NC: 2026:KHC:52604 WP No. 29772 of 2026 adjudicating the application filed under Order XII Rule 6 of the CPC, the very purpose of filing the said application would be defeated. 4. Considered the submissions made by the learned counsel for the petitioners. 5. Considering the limited prayer made in the present petition and the order that this Court proposes to pass, notice to the respondents is unnecessary and is accordingly dispensed with. 6. This Court finds justification in the submission made by the learned counsel for the petitioners that, if the defendants’ evidence is insisted upon without adjudicating the pending application filed under Order XII Rule 6 of the CPC, the very purpose of the said application would be defeated and the application would be rendered infructuous. As pleaded in the said application, certain valuable rights may have accrued in favour of and for the benefit of the petitioners. In that view of the matter, the trial Court is directed to dispose of the - 7 - HC-KAR CNR: KAHC010648972026 NC: 2026:KHC:52604 WP No. 29772 of 2026 application filed under Order XII Rule 6 of the CPC before proceeding to record the evidence of the defendants. 7. With the above observations and directions, the petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE VP List No.: 1 Sl No.: 36