- 1 - HC-KAR NC: 2026:KHC:6359 WP No. 3085 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.3085 OF 2026 (GM-CPC) BETWEEN: SRI SHIVARAJ K., SON OF KRISHNAPPA, AGED ABOUT 31 YEARS, RESIDING AT NO.442, 2ND BLOCK, SAMPIGEMARADAHATTI, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK – 560 061 …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. SRI CHELUVAMURTHY SON OF LATE MUNICHELUVAIAH, AGED ABOUT 70 YEARS, RESIDING AT SOMANAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK – 560 082 2. SMT. JAYAMMA, WIFE OF LATE MUNICHELUVAIAH, AGED ABOUT 90 YEARS, RESIDING AT SOMANAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK – 560 082 3. SRI.SHANKERE GOWDA, SON OF LATE MUNICHELUVAIAH, AGED ABOUT 64 YEARS, RESIDING AT SOMANAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK – 560 082 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6359 WP No. 3085 of 2026 4. SRI.ASHWATHAPPA SON OF LATE MUNICHELUVAIAH, AGED ABOUT 62 YEARS, RESIDING AT SOMANAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK – 560 082 5. SRI. DEVRAJ A.S., SON OF ASHWATHAPPA, AGED ABOUT 29 YEARS, RESIDING AT SOMANAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK – 560 082 6. SMT. MAMATHA K., DAUGHTER OF KRISHNAPPA, WIFE OF LOKESH, AGED ABOUT 31 YEARS, RESIDING AT 1488, THATGUPPE MAIN ROAD, KAGGALLUPURA MAIN ROAD, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK – 560 082 7. KUMARI SHRUTHI A., DAUGHTER OF ASHWATAHAPPA, AGED ABOUT 21 YEARS, RESIDING AT 1488, THATGUPPE MAIN ROAD, KAGGALLUPURA MAIN ROAD, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK – 560 082 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 21.01.2026 PASSED IN O.S.NO.1092/2020 BY THE LEARNED II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU AS PER ANNEXURE-E AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6359 WP No. 3085 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: (a) Issue a writ of certiorari setting aside the impugned order dated 21.01.2026 passed in O.S.No.1092/2020 by the learned II Additional Senior Civil Judge, Bengaluru Rural District at Bengaluru as per Annexure-E and (b) To issue a direction to the learned II Additional Senior Civil Judge, Bengaluru Rural District at Bengaluru, to consider the I.A.No.1/2025 fled by the petitioner under order VII Rule 11, read with Section 151 of the CPC as per Annexure-C with a direction to consider the stage of Cross examination of DW-1, after disposal of I.A.No.1/2025; (c) Issue a writ of whatsoever nature or direction or order deems fit to be granted in the facts and circumstances, to allow the above Writ Petition in the interest of justice and equity.” 2. After arguing the matter for sometime, learned counsel for the petitioner submits that the application filed by the petitioner under Order VII Rule 11 CPC on 08.07.2025 has not been considered and disposed of as on today and the present petition may be disposed of directing the Trial Court to consider and pass appropriate orders on the said application, in accordance with law. - 4 - HC-KAR NC: 2026:KHC:6359 WP No. 3085 of 2026 3. The said submission is placed on record. 4. The Trial Court before whom suit in O.S.No.1092/2020 is said to be posted on 10.02.2026 is directed to consider the application – I.A.No.1/2025 filed by the petitioner under Order VII Rule 11 CPC before proceedings further in the matter and pass appropriate orders in accordance with law. 5. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 55