- 1 - HC-KAR NC: 2026:KHC:5993 WP No. 27282 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.27282 OF 2025 (GM-CPC) BETWEEN: SRI. K.M. MALLESH S/O LATE MALLEGOWDA, AGED ABOUT 82 YEARS RESIDENT OF HEGGADDE VILLAGE AND POST, HANUBALU HOBLI, SAKALESHAPURA TAUK, HASSAN DISTRICT – 573134 …PETITIONER (BY SMT. SWETHA G. DESHPANDE, ADV. FOR SRI. G.S. DESHPANDE & ASSOCIATES, ADV.) AND: 1. SRI. BASKAR VENKATASUBRAMANIAN APPAKUDAL S/O A N VENKATASUBRAMANIAN AGED ABOUT 55 YEARS 2. SMT. SHANTHIBASKAR W/O BASKAR VENAKTASUBRAMANIAN APPAKUDAL AGED ABOUT 50 YEARS BOTH ARE RESIDENT OF B.W.-27, 77, EAST YEMALURU MAIN ROAD, INFRONT OF OLD AIRPORT ROAD BENGALURU – 560037 3. SMT. MANJAMMA, W/O LATE SANNAPPA @ SANNEGOWDA AGED ABOUT 80 YEARS 4. SMT. H S VARIJAKSHI W/O SIDDEGOWDA Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5993 WP No. 27282 of 2025 AGED ABOUT 61 YEARS BOTH RESIDING AT HEGGADDE VILLAGE, HANUBALU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 134 …RESPONDENTS (BY SRI. KRISHNA MURTHY V, ADV. FOR R1,R2 & R4 R3 DELETED VIDE ORDER DATED 02.02.2026) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE DIRECTIONS TO HON’BLE SENIOR CIVIL JUDGE AND JMFC, SAKALESHPUR TO CONSIDER IA.NO.XVI VIDE ANNEXURE-H FILED IN O.S.NO.56/2021. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs:- “a) Issue appropriate directions to Hon’ble Senior Civil Judge and JMFC, Sakaleshpur to consider IA.No.XVI vide Annexure – H filed in O.S.No.56/2021. b) Grant such other relief/s as situation demands to meet ends of justice.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:5993 WP No. 27282 of 2025 3. Learned counsel for the petitioner submits that the application-IA No.XVI filed by the petitioner is not being considered by the Trial Court on the ground that further proceedings in the said suit had been stayed by this Court in W.P.12117/2024 dated 13.02.2025, which reads as under: “Learned counsel for the respondent seeks time to file objections. Re-list on 31.05.2024. In the meanwhile, impugned order dated 06.04.2024 passed on I.A.No.14 in O.S.No.56/2021 on the file of Senior Civil Judge and JMFC, Sakaleshpura, is stayed till the next date of hearing. Liberty is reserved in favour of respondents to seek vacation / modification of this order.” 4. Subsequently, on 27.02.2025, the following order was passed: “At request of the learned counsel for the petitioner, list this matter after two weeks. Interim order granted earlier is extended till the next date of hearing.” 5. Subsequently, on 30.07.2025, the following order was passed: Smt.Aishwarya., counsel on behalf of Sri.Sagar V.Shastri., Sri.V.Krishnamurthy., counsel for the petitioners - 4 - HC-KAR NC: 2026:KHC:5993 WP No. 27282 of 2025 and Sri.Umesh., counsel on behalf of Sri.Sudhanva.D.S., for caveator/ respondent No.1 have appeared in person. Counsel Smt.Aishwarya., submits that a memo for retirement is filed stating that the petitioners have taken back all the petition papers along with NOC from their office to engage other counsel. Counsel, therefore, submits that the memo for retirement may be placed on record and counsel Sri.Sagar V.Shastri., may be permitted to retire from the case. Submission is noted. Perused the memo for retirement. Counsel Sri.Sagar V.Shastri., is permitted to retire from the case. Office is directed to delete the name of counsel Sri.Sagar V.Shastri., from the cause list. At request on behalf of counsel for the petitioners, list this matter after two weeks. Interim order granted earlier is extended till the next date of hearing.” 6. As can be seen from the aforesaid dated 13.02.2025 passed in W.P.No.12117/2025 by this Court, it has merely stayed the order impugned therein and not further proceedings and has extended the said interim order subsequently and as such, the Trial Court was not justified in not taking up and in not considering and disposing of I.A.No.XVI, in accordance with law, as can be seen - 5 - HC-KAR NC: 2026:KHC:5993 WP No. 27282 of 2025 from the order dated 10.03.2025 passed by the Trial Court, which reads as under: “Case advanced. Smt. JKD advocate for L/C/P filed I.A.No.XVI U/s 15 of CPC, filed memo with one document and also filed I.A.No.XVII U/O 1 Rule 10 of CPC to implead the proposed defendant No.5 to 8, also filed memo with document and taken steps. Issue notice on I.A.No.XVII. Sri. HLD advocate for L/C/D 1 and D2 prays time for objection to I.A.XVI and XVII. It is seen that as per the order of the Hon’ble High Court of Karnataka in W.P.No.12117/2024 dated 13.02.2025, the further proceedings are stayed. Hence call on hearing date.” 7. The said submission is placed on record. 8. As can be seen from the status of W.P.No.12117/2024 dated 13.02.2025, the order impugned therein was passed on 06.04.2024 on I.A.No.14, which has been stayed by this Court and not further proceedings in O.S.No.56/2021. Under these circumstances, I am of the view that the Trial Court fell in error in not considering I.A.No.XVI on the erroneous premise that further proceedings had been stayed by this Court in - 6 - HC-KAR NC: 2026:KHC:5993 WP No. 27282 of 2025 W.P.No.12117/2024 and as such, the order dated 10.03.2025 passed by the Trial Court is factually incorrect and contrary to the material on record and the same deserves to be set aside. Under these circumstances, I am of the view that the present petition deserves to be disposed of by issuing certain directions to the Trial Court. 9. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The Trial Court is directed to consider and pass appropriate orders on I.A.No.XVI in accordance with law and at any rate within a period of one month from 26.02.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 35