- 1 - HC-KAR NC: 2026:KHC:5825 WP No. 297 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 297 OF 2026 (GM-CPC) BETWEEN: 1. SRI. B. S. LAKSHMINARAYANA NEHRU S/O SRI B.H.SHIVANANDA, AGED ABOUT 35 YEARS. 2. SRI B.S.RADHAKRISHNA GANDHI, S/O SRI B.H.SHIVANANDA, AGED ABOUT 34 YEARS. 3. SRI B.S.JAIPRAKASH NARAYANA SUBHASH, S/O SRI B.H. SHIVANANDA, AGED ABOUT 29 YEARS. ALL ARE RESIDING AT: DOOR NO.124, CHIKKABASAVANAPURA, NEAR MARIYAMMA ARCH, VIRGONAGAR POST, BENGALURU-560049. …PETITIONERS (BY SRI. NAGARAJA HEGDE .,ADVOCATE) AND: 1. SMT. N. NARAYANAMMA W/O. LATE.HANUMANTHAPPA, AGED ABOUT 58 YEARS, (ACTUAL AGE IS 80 YEARS) R/AT. NO.124, BASAVANAPURA, VIRGONAGAR POST, K.R.PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU-560036. 2. SMT. RUKMINI W/O LATE.R.K.MUTHUKRISHNA, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5825 WP No. 297 of 2026 AGED ABOUT 86 YEARS, R/O. NO.10, ITI LAYOUT, 7TH MAIN, CHINNAPPA GARDEN, BENSONTOWN, JAYAMAHAL, BEGNGALURU-560046. 3. SRI M.RAMAMOORTHY S/O LATE.R.K.MUTHUKRISHNA, AGED ABOUT 59 YEARS, R/O. NO.10, ITI LAYOUT, 7TH MAIN, CHINNAPPA GARDEN, BENSONTOWN, JAYAMAHAL, BEGNGALURU-560046. 4. SRI R.NAVEEN, S/O LATE.R.K.MUTHUKRISHNA, AGED ABOUT 38 YEARS, R/O. NO.10, ITI LAYOUT, 7TH MAIN, CHINNAPPA GARDEN, BENSONTOWN, JAYAMAHAL, BEGNGALURU-560046. 5. SRI R. NIRANJAN, W/O LATE.R.K.MUTHUKRISHNA, AGED ABOUT 32 YEARS, R/O. NO.10, ITI LAYOUT, 7TH MAIN, CHINNAPPA GARDEN, BENSONTOWN, JAYAMAHAL, BEGNGALURU-560046. 6. SRI R.CHANDRA, S/O. SRI G.RAMAIYYA, AGED ABOUT 56 YEARS, R/AT NEAR VENUGOPALASWAMY TEMPLE, DEVASANDRA MAIN ROAD, K.R.PURAM POST, BENGALURU-560 036. 7. SRI NOORUDDIN, S/O. LATE.NAYAZ AHMED, AGED ABOUT 48 YEARS, R/AT 41/A, 5TH CROSS, PRIYADARSHINI LAYOUT, DEVASANDRA MAIN ROAD, K.R.PURAM, BENGALURU-560 036. …RESPONDENTS (BY SRI. SHREERAM T NAYAK .,ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:5825 WP No. 297 of 2026 THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TOQUASHING THE ORDER DATED 26.11.2025, PASSED BY THE XXVIII ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU (CCH-29), IN O.S.NO.25588/2017 ON IA NO.1/2025 FILED UNDER ORDER I RULE 10(2) OF CPC, WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “a. To issue Writ of Certiorari or any other appropriate Writ or Order quashing the order dated 26.11.2025 passed by the XXVIII Addl. City Civil and Sessions Judge, Bengaluru (CCH-29), in O.S.No.25588/2017 on IA No.1/2025 filed under Order I Rule 10(2) of CPC, which is produced at Annexure-A. b. Consequently allow the IA No.1/2025 filed by the petitioners under Order I Rule 10(2) of CPC in O.S.No.25588/2017. c. And also pass such other and further reliefs as this Hon’ble Court deems fit considering the facts and circumstances of the case, to meet the ends of justice and equity.” 2. Heard learned counsel for the petitioners and learned counsel for respondent No.6 and perused the material on record. - 4 - HC-KAR NC: 2026:KHC:5825 WP No. 297 of 2026 For the order proposed, service of notice to respondent Nos.1 to 5 and 7 is dispensed with. 3. After arguing the matter for sometime, learned counsel for the petitioners submits that the present petition as well as the impleading application, I.A.No.1/2025 filed before the Trial Court may be disposed of as withdrawn with a direction that the impugned order as well as any other order, judgment, decree, compromise etc. passed/to be passed in O.S.No.25588/2017 would not be binding upon the petitioners nor would it affect their right and claim over the suit schedule property. 4. The aforesaid submission is placed on record. 5. Accordingly, the petition as well as I.A.No.1/2025 before the Trial Court stand disposed of as withdrawn. 6. It is made clear that any judgment, order, decree, compromise etc. passed/to be passed or entered into in O.S.No.25588/2017 between the plaintiff and defendants in the said suit would not be binding upon the petitioners herein nor would it affect their alleged right or claim over the suit schedule property. - 5 - HC-KAR NC: 2026:KHC:5825 WP No. 297 of 2026 7. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 10