- 1 - HC-KAR NC: 2026:KHC:3297 W.P. No.25186/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.25186/2024 (GM-CPC) BETWEEN: 1. SHRI. M.K. SUMANTH URS S/O LATE M.N. KRISHNE URS AGED ABOUT 50 YEARS. 2. SHRI. M.K. JAYANTH URS S/O LATE M.N. KRISHNE URS AGED ABOUT 65 YEARS. 3. SMT. M.V. GOWRAMMANI W/O LATE A.S. VEERAJE URS AGED ABOUT 88 YEARS. LATE M.V. LALITHAMMANI REPRESENTED BY LR'S [PETITIONER NO.4 & 5 HEREIN]. 4. SHRI. VINOO URS S/O LATE B.P. MALLARAJE URS AGED ABOUT 66 YEARS. ALL ARE R/OF NO.921 KANTHARAJA URS ROAD LAKSHMIPURAM, MYSURU-570004. PETITIONER NO.2, 3 AND 4 ARE REP. BY THEIR SPA HOLDER SHRI. M.K. SUMANTHA URS [PETITIONER NO.1 HEREIN]. 5. SHRI. MANOO URS S/O LATE B.P. MALLARAJE URS Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka - 2 - HC-KAR NC: 2026:KHC:3297 W.P. No.25186/2024 AGED ABOUT 64 YEARS R/OF NO.921, KANTHARAJA URS ROAD LAKSHMIPURAM, MYSURU-570004. PETITIONER NO.5 IS REP. BY HIS GPA HOLDER SHRI. B.N. SATHISH S/O LATE NARASIMHE GOWDA AGED ABOUT 46 YEARS OCC : BUSINESS R/AT NO.41/1, 6A 12TH CROSS, RAMANUJA ROAD KILLE, MOHALLA, MYSURU CITY-570004. …PETITIONERS (BY SRI. G.A. SRIKANTE GOWDA, ADV.,) AND: SHRI. LOKESH S/O LATE V. VEERABHADRAIAH AGED ABOUT 49 YEARS R/AT. GEJJEGALLI VILLAGE MANTAKALLI POST, KASABA HOBLI MYSURU TALUK-571311. …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND PROCEED OF THE CASE THIS HON'BLE COURT BE PLEASED TO EXERCISE ITS SUPERVISORY JURISDICTION AND TO PASS APPROPRIATE JUDGMENT AND ORDER SETTING ASIDE THE ORDER DTD 27.4.2024 (ANNX-H) PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC MYSURU IN OS NO. 82/2019 IN DISMISSING IA NO. 3(ANNX-G) & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:3297 W.P. No.25186/2024 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed seeking following reliefs: "a) Setting aside order dated 27.04.2024 [Annexure-H] passed by the learned Senior Civil Judge and JMFC, Mysuru, in O.S.No.82/2019, in dismissing IA.No.3 [Annexure-G]. b) Pass appropriate order/direction, to allow application IA.No.3 filed under Order XIV Rule 5 r/w Section 151 of CPC [Annexure-G] on the file of learned Senior Civil Judge and JMFC, Mysuru, in O.S.No.82/2019. c) Pass any other appropriate order or direction that be deemed fit under the facts and circumstances of the case in the interest of justice and equity." 2. Sri.G.A.Srikante Gowda, learned counsel appearing for the petitioners submits that the present writ petition is filed challenging the order dated 27.04.2024 passed in O.S.No.82/2019 by the Senior Civil Judge and JMFC, Mysuru, wherein the trial Court has rejected the request of the petitioners to frame a preliminary issue with regard to the maintainability of the suit. It is further submitted that the petitioners thereafter, had filed an application under Order VII Rule 11(a) and (d) r/w Section 151 of Code of Civil Procedure, 1908 seeking rejection of - 4 - HC-KAR NC: 2026:KHC:3297 W.P. No.25186/2024 the plaint on the ground of limitation, which came to be rejected, and the same has been assailed in CRP.No.885/2024, which is pending consideration of this Court. 3. Learned counsel for the petitioners fairly submits that the issue with regard to the maintainability of the suit is already being adjudicated in the CRP No.885/2024. Hence, he seeks to dispose of the petition by permitting the petitioners to contest the said proceedings on merits. 4. In view of the above submissions, this writ petition is disposed of, making it clear that the petitioners are entitled to urge all the grounds in the pending CRP.No.885/2024. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 10