- 1 - HC-KAR NC: 2026:KHC:1272 WP No. 13790 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 13790 OF 2020 (GM-CPC) BETWEEN: 1. V KRISHNAR REDDY S/O LATE VENKATAGIRIYAPPA, AGED ABOUT 50 YEARS, 2. H V RAVI S/O LATE VENKATAGIRYAPPA, AGED ABOUT 48 YEARS, PETITIONERS 1 & 2 ARE R/AT ARALIMARADAHOSAHALLI HOLUR HOBLI, KOLAR TALUK 563126. 3. SMT. V PREMA D/O LATE VENKATAGIRIYAPPA, W/O BANAPPA, AGED ABOUT 45 YEARS, R/AT SHETTYKUNTE VILLAGE, SUGATUR HOBLI, KOLAR TALUK-563102. …PETITIONERS (BY SRI. VARADARAJAN M S.,ADVOCATE) AND: 1. CHOWDAPPA S/O LATE BYRAPPA AGED ABOUT 71 YEARS 2. RAMESH H V S/O LATE VENKATESHAPPA, - 2 - HC-KAR NC: 2026:KHC:1272 WP No. 13790 of 2020 AGED ABOUT 36 YEARS, 3. JAGADISH S/O LATE VENKATESHAPPA, AGED ABOUT 35 YEARS, 4. RATHANAMMA S/O LATE VENKATESHAPPA, AGED ABOUT 66 YEARS, 5. DODDAMUNIVENKATAMMA W/O LATE RANGAPPA, AGEDABOUT 72YEARS, 6. KAILASA MURTHY S/O LATE RANGAPPA, AGED ABOUT 60 YEARS, 7. VENKATARAVANA S/O LATE RANGAPPA, AGED ABUOT 40 YEARS, 8. MANJUNATHA S/O LATE RANGAPPA, AGED ABOUT 46 YEARS, 9. RAMESH S/O LATE RANGAPPA, AGEDABOUT 44 YEARS, RESPONDENTS 1 TO 9 R/AT ARALIMARADAHOSAHALLI, HOLUR HOBLI, KOLAR TALUK 563126. 10. N MUNIVENKATAPPA S/O NARAYANAPPA, AGEDA BOUT 64YEARS, R/O ITHARSANAHALLI VILLAGE, HOLUR HOBLI, KOLAR TALUK 563126. - 3 - HC-KAR NC: 2026:KHC:1272 WP No. 13790 of 2020 R NATARAJ S/O RUDRAPPA SINCE DEAD BY LRS 11. N BHUVANESHWARA, S/O LATE R NATARAJ, AGED ABOUT 52 YEARS, 12. S S V ESHWARA S/O LATE R NATARAJ, AGEDA BOUT 47 YEARS, RESPONDENTS 11 & 12 ARE R/AT NO.889, I.P.N.K.ROAD, BANGARPETE 563114. MUNEPPA S/O LATE DODDAPPA SINCE DEAD BY LRS 13. CHIKKAVENKATAGIRI ALIAS VENKATAGIRIYAPPA, S/O LATE MUNEPPA, AGED ABOUT 51 YEARS, VENKATESH SINCE DEAD BY LRS 14. SHRAVINI S/O LATE VENKTESHAPPA, AGED ABOUT 11 YEARS, RESPONDENT 14 IS MINOR REPRESENTED BY HER MOTHER AS A NATURAL GUADIAN BHAGYAMMA W/O LATE VENKATESHAPPA, AGED ABOUT 31 YEARS. - 4 - HC-KAR NC: 2026:KHC:1272 WP No. 13790 of 2020 15. MUNISHAMI REDDY S/O LATE MUNEPPA, AGED ABOUT 36 YEARS, RESPONDENT 11 TO 15 R/AT ARALIMARADAHOSAHALLI, HOLUR HOBLI, KOLAR TALUK 563126. 16. LAKSHMIDEVAMMA W/O DYAVURAPPA, AGEDA BOUT 72 YEARS, 17. VENKATARAMANAREDDY S/O LATE DYAVURAPPA, AGED ABOUT 37 YEARS, RESPONDENTS 16 AND 17 ARE R/AT ARALIMARADAHOSAHALLI, HOLUR HOBLI, KOLAR TALUK 563126. …RESPONDENTS (BY SRI. S VISWESHWARAIAH.,ADVOCATE FOR R2 TO R4; SRI. VENKATASWAMY, ADVOCATE FOR R10; R1 (A & B), R6 TO R9, R11 TO R13, R15 TO R17 ARE SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH / SET ASIDE THE IMPUGNED ORDER DTD. 28.01.2020 PASSED IN MISCELLANEOUS CASE NO.44/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR AS PER ANNX-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU - 5 - HC-KAR NC: 2026:KHC:1272 WP No. 13790 of 2020 ORAL ORDER 1. At the outset, it is clarified that there is no interim order in this matter. 2. The present petition has been filed seeking to challenge an order dated 28.01.2020 passed in Misc.No.44/2013 by the III Additional Senior Civil Judge, Kolar. By the Impugned Order, the learned Trial Court has given a finding that the right of the parties in respect of a particular immovable property cannot be decided in the Miscellaneous petition since a preliminary decree has already been passed. It has further been held that the preliminary decree in respect of property cannot be drawn in Miscellaneous proceedings. 3. Learned counsel for the petitioners submits that it is only an issue of nomenclature. However, this contention is denied by learned counsel for the respondents.He submits that the appropriate proceedings were not filed before the learned Trial Court. - 6 - HC-KAR NC: 2026:KHC:1272 WP No. 13790 of 2020 4. After some arguments, learned counsel for the petitioners seeks and is granted permission to withdraw the petition with liberty to take appropriate steps in accordance with law. 5. Accordingly, petition is dismissed as withdrawn with liberty as prayed for. 6. The rights and contentions of both parties shall be left open to be agitated, if any such proceedings are filed. (TARA VITASTA GANJU) JUDGE MH/- List No.: 1 Sl No.: 7 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA