- 1 - HC-KAR NC: 2026:KHC:5741 WP No. 3025 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. 3025 OF 2026 (GM-CPC) BETWEEN: 1. TESCO BENGALURU PRIVATE LIMITED (PREVIOUSLY KNOWN AS TESCO HINDUSTAN SERVICE CENTRE PVT. LTD., PRIOR TO THAT IT IS KNOWN AS TRANSFLEET GLOBAL SERVICES PRIVATE LIMITED)., A COMPANY DULY REGISTERED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT NO. 81, 82, EPIP AREA, WHITEFIELD, BENGALURU 560066. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, HEAD - LEGAL COUNSEL OF THE COMPANY, MR. RISHABH SINGH AGED 47 YEARS. …PETITIONER (BY SRI. PRASANTH V G.,ADVOCATE) AND: 1. SMT. KUSUMA JAYARAM AGED ABOUT 83 YEARS, W/O LATE JAYARAM, RESIDENT AT NO.41, II TEMPLE ROAD, MALLESWARAM, BENGALURU 560003. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5741 WP No. 3025 of 2026 2. SMT. S. N. GOWRAMMA, AGED ABOUT 77 YEARS, W/O LATE K. NAGARAJ. 3. SRI K. N. SURYAPRAKASH, AGED ABOUT 57 YEARS, S/O LATE K. NAGARAJ. 4. SMT. K. N. VASUDHA, AGED ABOUT 55 YEARS, D/O LATE K. NAGARAJ. 5. SMT. S. N. MAHALAKSHMI, AGED ABOUT 62 YEARS, SECOND WIFE OF LATE K. NAGARAJ. 6. SRI K. N. SANTHOSH KUMAR, AGED ABOUT 47 YEARS, S/O LATE K. NAGARAJ. 7. SMT. INDIRA BAI, AGED ABOUT 97 YEARS, W/O LATE GUNDU RAO, RESIDING AT NO. 1213, 23RD CROSS, OPPOSITE SWIMMING POOL, JAYANAGAR, BENGALURU - 560011 8. SMT. K. MADHURA, AGED ABOUT 79 YEARS, W/O SRI. H.S. VASUDEVA RAO, RESIDING AT 9TH CROSS, 5TH MAIN, J.C. EXTENSION, NEAR SRIKANTH TALKIES, HARIHARA, DAVANGERE DISTRICT - 2. - 3 - HC-KAR NC: 2026:KHC:5741 WP No. 3025 of 2026 9. SMT. K. PARIMALA, AGED ABOUT 76 YEARS, W/O SRI. G.K. SHESHAGIRI, RESIDING AT NO. 8/3A, 3RD CROSS, SEENAPPA LAYOUT, MANORAYANAPALYA, R.T. NAGAR POST, BENGALURU - 560032 10. M/S DISTANT LEARNING INTERNET (INDIA) LTD, A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, ( CIN U80302KA2000PLC027736) HAVING ITS REGISTERED OFFICE AT NO. 17, DU PARC TRINITY, M.G. ROAD, BENGALURU 560001. ALSO AT NO.17, SANKEY ROAD, BENGALURU, REPRESENTED BY ITS MANAGING DIRECTOR D.K. ADIKESAVALU. 11. M/S SRINIVASA TRUST, A TRUST REGISTERED UNDER THE INDIAN TRUST ACT, 1881. HAVING ITS PRINCIPAL OFFICE AT NO.7/21, 1S CROSS, 9TH MAIN R.M.V. EXTENSION, BENGALURU -560080 REPRESENTED BY ITS TRUSTEE AND AUTHORIZED SIGNATORIES. …RESPONDENTS (BY SRI. S SUBRAMANYA, ADVOCATE FOR C/R1) - 4 - HC-KAR NC: 2026:KHC:5741 WP No. 3025 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE THE ORDER DATED 02.12.2025 IN I.A.NO.1/2025 OF F.D.P. NO. 30/2014 BEFORE THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: 1. Issue an appropriate writ in the in the nature of cert the order dated 02.12.2025 in 1.A.No.1/2025 (Annexure H) of F.D.P. No. 30/2014 before the II Additional. Senior Civil Judge, Bengaluru Rural District, Bengaluru, - I.A No.1/2025 in F.D.P No. 30/2014 (Annexure - F). 2. Allow the 1.A.No.1/2025 in F.D.P. No. 30/2014 filed by the Petitioner in the aforementioned matter. (Annexure - F) 3. Pursuant to passing of appropriate orders on the interim prayers, Lay down the necessary directions/ guidelines to ensure a composite and effective adjudication of both the connected proceedings, namely O.S. No.222/2007, which was the subject matter of Writ Petition No.17913/2025 (Annexure- D) and F.D.P. No.30/2014 (Annexure-C) which is the subject matter of the instant writ petition, in order to avoid conflicting findings and in the interest of justice and equity. - 5 - HC-KAR NC: 2026:KHC:5741 WP No. 3025 of 2026 4. Pass such other order as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity. 2. After arguing the matter for sometime, learned Senior Counsel for the petitioner submits that the petitioner intends to withdraw the application, IA No.1/2025 out of which the present petition arises with liberty to the petitioners to file a fresh/new application before the trial Court which may be directed to dispose of the same as expeditiously as possible without being influenced by the findings and observations recorded in the impugned order. 3. The submission is placed on record. 4. Accordingly, the petition stands disposed of reserving liberty in favour of the petitioner to file a fresh/new application under Order I Rule 10(2) CPC before the trial Court. If the petitioner files such an application, the trial Court shall provide an opportunity to the respondents in this regard and dispose of the said application on merits without being influenced by the findings and observations recorded in the impugned order and at any rate within a period of one month from the date on which the petitioner files such an application. - 6 - HC-KAR NC: 2026:KHC:5741 WP No. 3025 of 2026 5. The trial Court shall consider and pass appropriate orders on the fresh/new application to be filed by the petitioner in accordance with law before proceeding further in the matter. 6. Subject to the aforesaid directions and leaving open all contentions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 21