- 1 - HC-KAR NC: 2026:KHC:4335 WP No. 15874 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15874 OF 2024 (GM-CPC) BETWEEN: SRI S DHANAVENDRA REDDY AGED ABOUT 57 YEARS S/O LATE G.P.SHANKARAPPA REDDY NO.9CM B R LAYOUT CHIKKABANASAWADI BENGALURU 560 043 …PETITIONER (BY SRI. VIJAY A M., ADVOCATE) AND: SRI C V KRISHNA REDDY SINCE DEAD BY HIS LRS 1. SMT VANAJAKSHI AGED ABOUT 65 YEARS W/P LATE SRI C.V.KRISHNA REDDY 2. SMT GIRIJA AGED ABOUT 45 YEARS 3. SMT PRAFULLA AGED ABOUT 40 YEARS 4. SRI MANJUNATHA AGED ABOUT 38 YEARS ALL ARE R/AT ANJANEYA TEMPLE STREET, DODDABANSAWADI BENGALURU 560 043 5. SRI.C.V.RAMACHANDRA REDDY AGED ABOUT 66 YEARS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4335 WP No. 15874 of 2024 6. SRI C.V.SHANKARA REDDY AGED ABOUT 64 YEARS 7. SRI.C.V.GANESH REDDY AGED ABOUT 58 YEARS 8. SRI.C.V.SRIRAMA REDDY AGED ABOUT 56 YEARS 9. SRI.C.V.BABU REDDY AGED ABOUT 54 YEARS 10. SRI.BALA CHANDRA REDDY AGED ABOUT 51 YEARS 11. SRI.C.V.SRINIVASA REDDY AGED ABOUT 49 YEARS RESPONDENT NOS. 1 TO 11 ARE S/O LATE CHIKKA VENKATAPPA REDDY ALL ARE R/AT NO.17, ANJANEYA TEMPLE STREET DODDABANASWADI BENGALURU 560 043 12. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD SPECIAL LAND ACQUISITION OFFICE-2 NO.49, KHANIJA BHAVAN EAST WING 5 FLOOR, RACE COURSE ROAD, BENGALURU 560 001 REPRESENTED BY ITS DIRECTOR 13. SRI P BABU AGED ABOUT 43 YEARS S/O LATE H.N.PAPAIAH NO.23, 5 B CROSS CHIKKABANASWADI M.S.NAGAR POST BENGALURU 560 43 …RESPONDENTS (BY SRI. KRISHNA REDDY R., ADVOCATE FOR R1 TO R4 AND R6 TO R11; SRI.P.V.CHANDRASHEKAR, ADVOCATE FOR R12; SRI.D.ASHWATHAPPA, ADVOCATE FOR R13) - 3 - HC-KAR NC: 2026:KHC:4335 WP No. 15874 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 05/03/2024 PASSED IN OS NO. 17/2018 VIDE ANNEXURE-A BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, BENGALURU RURAL DISTRICT AND THEREBY PERMIT THE PETITIONER TO ENGAGE THE SERVICES OF ANOTHER COUNSEL ON HIS BEHALF IN THE SUIT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by plaintiff No.1 in O.S.No.17/2018 on the file of Senior Civil Judge & JMFC, Devanahalli, is directed against the impugned order dated 23.04.2024, whereby the trial Court rejected the Vakalath and application filed by the petitioner - plaintiff No.1 under Section 151 CPC for permission to engage another counsel. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner - plaintiff No.1 - S.Dhanavedra Reddy along with plaintiff No.2 - P. Babu, who is arrayed as Respondent No. 13 in the present petition instituted the aforesaid suit against respondents 1 to 12 – defendants for declaration, possession and other reliefs in respect of the suit schedule immovable property. During the - 4 - HC-KAR NC: 2026:KHC:4335 WP No. 15874 of 2024 pendency of the suit, the petitioner-plaintiff No.1 filed two applications viz., application under Order 23 Rule-1 and 4(a)(b) r/w Section 151 CPC for permission to abandon and to withdraw the suit and to file a separate suit and another application under Section 151 CPC for permission to engage a different counsel. Though the said application was not opposed by any of the respondents, the trial court proceeded to pass the impugned order rejecting the application filed by the petitioner - plaintiff No.1 under Section 151 CPC to engage a different counsel. Aggrieved by the impugned order dated 23.04.2024, petitioner is before this Court by way of the present petition. 4. A perusal of the material on record, in particular, the averments made in the Affidavit of petitioner-plaintiff No.1 in support of his application will clearly indicate that valid and sufficient grounds had been made out by the petitioner - plaintiff No.1 to terminate the services of his earlier counsel and to take return of the papers from the earlier counsel, who had returned back the same and to engage the services of a new counsel and failure to appreciate this by the trial Court has resulted in erroneous - 5 - HC-KAR NC: 2026:KHC:4335 WP No. 15874 of 2024 conclusion warranting interference by this Court in the present petition. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 23.04.2024 passed by the trial court in O.S. No.17/2018 is hereby set aside. (iii) The application filed by the petitioner – plaintiff No.1 under Section 151 CPC is hereby allowed and the petitioner is permitted to engage the services of a different counsel only insofar as the petitioner-plaintiff No.1 is concerned and proceed further in the matter. (iv) Liberty is reserved in favour of the petitioner to file appropriate application which shall be considered by the trial Court in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL List No.: 1 Sl No.: 52