- 1 - HC-KAR NC: 2026:KHC:3414 WP No. 17342 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO.17342 OF 2022 (GM-CPC) BETWEEN: B. TAKAPPA S/O HOLIYAPPA, AGED ABOUT 47 YEARS, R/O HESARI VILLAGE-577434 ULAVI HOBLI, SORABA TALUK, SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI S.V. PRAKASH, ADVOCATE) AND: 1. VEERUPAKSHA S/O HOLIYAPPA, AGED ABOUT 45 YEARS, R/O HESARI VILLAGE-577434 ULAVI HOBLI, SORABA TALUK, SHIVAMOGGA DISTRICT. 2. B. PARVATHAMMA W/O DEVENDRAPPA, AGED ABOUT 52 YEARS, R/O HESARI VILLAGE-577 434 ULAVI HOBLI, SORABA TALUK, SHIVAMOGGA DISTRICT. 3. KAMALAKSHMI W/O DURGAPPA, AGED ABOUT 53 YEARS, - 2 - HC-KAR NC: 2026:KHC:3414 WP No. 17342 of 2022 R/O KORLIKOPPA-577431 BARURU POST, SAGARA TALUK, SHIVAMOGGA DISTRICT. 4. B.V. SUBRAMANYA S/O VEERUPAKSHAPPA, AGED ABOUT 15 YEARS, HESARI VILAGE-577434 ULLAVI HOBLI, SORABA TALUK, SHIVAMOGGA DISTRICT. REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT. RENUKAMMA W/O. VIRUPAKSHAPPA, AGED ABOUT 42 YEARS, R/O. HESARI VILLAGE-577434 ULLAVI HOBLI, SORABA TALUK, SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SRI M.N. VIJAYA, ADVOCATE FOR SRI R.S. ANKALKOTI, ADVOCATE FOR R-4; V/O. DATED 02.09.2022, NOTICE TO R-1 TO R-3 IS DISPENSED WITH) *** THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER ANNEXURE-G PASSED BY THE SENIOR CIVIL AND JMFC COURT, SORABA IN O.S.NO.59/2020 DATED 13.07.2022 ON I.A.NO.VI, ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:3414 WP No. 17342 of 2022 ORAL ORDER 1. I.A.No.1/2022 filed for amendment of the cause title in the memorandum of writ petition is allowed. The respondent No.4/defendant No.5, who is a minor, is permitted to be represented through his natural guardian, the mother. The cause title be amended accordingly and the amended cause title be filed during the course of the day. 2. Given the pendency of the matter for the last more than four years, this Court deems it expedient to hear and decide the matter today. 3. The present petition seeks to challenge an order dated 13.07.2022 passed by the learned Senior Civil Judge and JMFC, Soraba, Shivamogga, on I.A.No.VI in O.S.No.59 of 2020 [hereinafter referred to as the “Impugned Order”]. By the Impugned Order, an application-I.A.No.VI, filed under Order I Rule 10 of the Code of Civil Procedure, 1908, by the applicant/defendant No.5, came to be allowed. 4. The challenge in the present petition is by the defendant No.2. The learned counsel for the petitioner/defendant No.2 - 4 - HC-KAR NC: 2026:KHC:3414 WP No. 17342 of 2022 submits that the application was simply allowed on the same day that it was filed, without giving any opportunity to file any objections or argue the matter. 5. Learned counsel for the applicant/respondent No.4 does not dispute the fact that no opportunity to file objections to any party was given, however, she submits that one of the counsels gave a ‘no objection’. 6. Learned counsel for the petitioner/defendant No.2 submits that since the suit pending before the learned Trial Court is a suit for partition, the rights of the defendants also would get affected, if the applicant/defendant No.5 is permitted to be brought on record. 7. A perusal of the Impugned Order shows that the application was allowed on the same day that it was filed as the plaintiff gave a ‘no objection’. Also, it is a fact that no opportunity was given to the defendants or any party to file objections. 8. Given the fact that the application was allowed on the first day of the day it was filed without giving an opportunity to - 5 - HC-KAR NC: 2026:KHC:3414 WP No. 17342 of 2022 the defendant No.2/petitioner and the rights of the petitioner would also get affected, this Court deems it apposite to set aside the Impugned Order, thereby giving an opportunity to the defendants to file their objections. Defendant No.2/petitioner and the other defendants are permitted to file their objections before the learned Trial Court within two weeks from today. Rejoinders, if any, will be filed within two weeks thereafter. 9. The matter be listed before the learned Trial Court on the date already fixed. Petition stands disposed of in the aforegoing terms. All pending applications stand closed. (TARA VITASTA GANJU) JUDGE BMV* List No.: 1 Sl No.: 11 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA