- 1 - HC-KAR NC: 2026:KHC:5517 WP No. 14946 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14946 OF 2025 (GM-CPC) BETWEEN: SMT SEEMA H J D/O. JAYAPRAKASH G.K., AGED ABOUT 35 YEARS, R/AT. C/O. H.P. KEMPA SHETTY, OPP. TO M.H. CONVENSIOIN HALL, ARALEPETE, HASSAN-573112. …PETITIONER (BY SRI. VINAY S N., ADVOCATE) AND: 1. SRI G K JAYAKUMAR S/O. LATE G.C. KEMPATHIMMAIAH, AGED ABOUT 55 YEARS, R/O. GANIGARA BEEDI, GUBBI-572 216. NOW RESIDING C/O. SIDDAGANGAIAH, BALAGUMBA ROAD, KUNDOOR CROSS, JYOTHIPURA, TUMAKURU TOWN. SMT. KEMPAMMA SINCE DEAD 2. SMT. GANGAMBIKA, W/O. M.H. KRISHNA SWAMY, AGED ABOUT 70 YEARS, R/AT NO.38/5, 2ND MAIN ROAD, OPP. TILAK NAGAR POST OFFICE, MYSURU-570021 3. SRI. G.G. NANDA KISHORE, S/O. LATE G.K. GANGARAJU, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5517 WP No. 14946 of 2025 AGED ABOUT 44 YEARS, R/AT 'NANDA GOKULA NILAYA', GANIGARA BEEDI, GUBBI TOWN, TUMAKURU DISTRICT-572216. SRI. G.G. KIRAN, SINCE DEAD BY HIS LR'S 4. SMT. N. MAMATHA, W/O. LATE G.G. KIRAN, AGED ABOUT 36 YEARS, R/AT C/O. NANJUNDASWAMY, 3RD CROSS, NEELAKANTA NAGAR, NANJANGUD TALUK, MYSURU-571 302. 5. SRI. G.K. SARVAMANGALA, W/O. S. NARAYAN SHETTY, AGED ABOUT 66 YEARS, R/AT NO.17, HIG, KHB 2ND STAGE, 1ST MAIN ROAD, BASAVESHWARA NAGAR, BENGALURU-560 079. SRI. G.K. ADAVEESHA SINCE DEAD BY HIS LR'S 6. SMT. AMBUJA S.J., W/O. LATE G.K. ADAVEESHA, AGED ABOUT 63 YEARS, R/AT 'SRI LAKSHMINARASIMHA NILAYA', 5TH CROSS, 2ND MAIN ROAD, OPP. TO RELIANCE SMART POINT ROAD, SLN BADAVANE, ANTHARASNAHALLI, YELLAPURA, TUMAKURU-572 7. SRI. YASHWANTH G.A., S/O. LATE G.K. ADAVEESHA, AGED ABOUT 44 YEARS, R/AT 'SRI LAKSHMINARASIMHA NILAYA', 5TH CROSS, 2ND MAIN ROAD, OPP. TO RELIANCE SMART POINT ROAD, SLN BADAVANE, ANTHARASNAHALLI, - 3 - HC-KAR NC: 2026:KHC:5517 WP No. 14946 of 2025 YELLAPURA,TUMAKURU-572 106. 8. SRI. NAVEENA G.A., S/O. LATE G.K. ADAVEESHA, AGED ABOUT 40 YEARS, R/AT 'SRI LAKSHMINARASIMHA NILAYA', 5TH CROSS, 2ND MAIN ROAD, OPP. TO RELIANCE SMART POINT ROAD, SLN BADAVANE, ANTHARASNAHALLI, YELLAPURA, TUMAKURU-572 106 9. SRI. G.K. NATARAJU, S/O. LATE G.C. KEMPATHIMMAIAH, AGED ABOUT 62 YEARS, 'SHREE TRIPURA VASINI', R/AT NO. 305/A, NO.305/B, 1ST FLOOR, BALAJI LAYOUT, GNANAJYOTHI NAGAR, MALLATHAHALLI, 7TH CROSS, BENGALURU-560 056. 10. SRI. G.K. JAYAPRAKASH, S/O. LATE G.C. KEMPATHIMMAIAH, AGED ABOUT 58 YEARS, R/AT GONI TUMKURU, DEBBEGHATTA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT-572227. …RESPONDENTS (BY SRI. K.V. NARASIMHAN, ADVOCATE FOR R-9; R-1, 2, 5, 6, 7 AND 8 ARE SERVED) THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS FROM THE LEARNED PRL. CIVIL JUDGE (S.D) AND CJM, TUMAKURU IN OS NO. 79/2014 OR CONCERNED PAPERS FOR PERUSAL OF THIS HONBLE COURT ALLOW THIS WP AND TO SET ASIDE THE ORDERS IN MEMO DTD 27.02.2024 PASSED IN OS NO. 79/2014 ON THE FILE OF THE PRL. CIVIL JUDGE AND CJM, TUMAKURU DTD 04.03.2025 AND TO REJECT THE MEMO AS PRAYED FOR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:5517 WP No. 14946 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel for the petitioner has filed a memo seeking withdrawal of the petition with liberty to challenge the impugned order dated 27.02.2024 as well as the impugned order passed by the Trial Court allowing the application for amendment filed by the plaintiffs. 2. The said memo is placed on record. 3. The petition stands disposed of reserving liberty in favour of the petitioner to file a fresh petition challenging the impugned order as well as the order passed by the Trial Court allowing amendment application filed by the plaintiff. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 41