- 1 - HC-KAR NC: 2026:KHC:2143 WP No. 23783 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 23783 OF 2025 (GM-CPC) BETWEEN: ST. JOSEPH CHURCH NO.1 WARD NO.46 CHAMRAJPET BANGALORE - 560 018 REPRESENTED BY ITS PARISH PRIEST PRESENTLY FR. PRASHANTH PREM KUMAR B AGED ABOUT 40 YEARS S/O BALARAJ AT ST. JOSEPH'S CHURCH BRIAND SQUARE CHAMRAJPET BANGALORE - 560 081. …PETITIONER (BY MISS. SONA RAJKUMAR., ADVOCAT FOR SRI. JOSEPH ANILKUMAR A., ADVOCATE) AND: MOHAMMED JABI S/O MOHANNED IBRAHIM @ BABU AGED ABOUT 41 YEARS R/1 NO. 298/3, 1ST MAIN ROAD, RAYON CIRCLE, CHAMARAJPET BENGALURU - 560 018. …RESPONDENT (BY SRI.ANANTHA SWAMY.G.R., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2143 WP No. 23783 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION IF INDIA, PRAYING TO SET ASIDE ANNEXURE-A ORDER DATED 02.04.2025 PASSED IN O.S NO.4828/2023 BY THE HON'BLE XXXV. ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH 36) AT BANGALORE, DISMISSING THE APPLICATION UNDER ORDER 14 RULE 5 OF CPC FOR RECASTING OF ISSUES, ETC. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition the petitioner seeks the following reliefs: a. Set aside Annexure-A order dated 02.04.2025 passed in O.S.No.4828/2023 by the XXXV Addl. City Civil and Sessions Judge, (CCH-36) at Bangalore, dismissing the application under order 14 Rule 5 of CPC for recasting of issues. b. Direct the City Civil and Sessions Judge, (CCH-36) at Bangalore to recast the issues by considering the Plaint and Written statement. c. Issue any other writ or proceedings as this Court may deems fit. 2. Heard learned counsel for the petitioner, learned counsel for respondent and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:2143 WP No. 23783 of 2025 3. Learned counsel for the petitioner submits that the petition may be disposed of by permitting the petitioner to withdraw I.A.No.3 filed by the petitioner before the Trial Court out of which the present petition arises by reserving liberty in favour of the petitioner/ plaintiff to file a fresh application before the Trial Court, which may be directed to dispose of the said application in accordance with law. 4. Per contra, learned counsel for the respondent/ defendant submits that in the event the petitioner files such an application, the respondent would file objections and contest the said application in accordance with law. 5. In view of the aforesaid facts and circumstances, petition stands disposed of, without interfering with the impugned order and by reserving liberty in favour of the petitioner to file a fresh application before the Trial Court. In the event, the petitioner files such an application, the Trial Court shall permit the respondent to file objections and consider and pass appropriate orders on the said application in accordance with law. - 4 - HC-KAR NC: 2026:KHC:2143 WP No. 23783 of 2025 6. Subject to the aforesaid directions petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MRP List No.: 1 Sl No.: 7