- 1 - HC-KAR NC: 2026:KHC:2456 WP No. 27267 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.27267 OF 2025 (GM-CPC) BETWEEN: 1. SRI. Y.M. RAMU S/O LATE SRI Y MUNISWAMAPPA AGED ABOUT 89 YEARS, RESIDING AT NO.19/2, 2ND CROSS LOWER PALACE ORCHARDS SADASHIVANAGAR BANGALORE – 560 003. 2. SMT. PADMAVATHI W/O LATE DR. M VENKATESH AGED ABOUT 72 YEARS RESIDING AT NO.19/1, 2ND CROSS LOWER PALACE ORCHARDS SADASHIVANAGAR BANGALORE – 560 003. 3. SRI GOVARDHAN M V S/O LATE DR. M. VENKATESH, AGED ABOUT 53 YEARS, RESIDING AT NO.432, 8TH MAIN ROAD, SARASWATHIPURAM MYSORE - 570 009. 4. SMT. M.V. VASUMATHI D/O LATE DR. M. VENKATESH, AGED ABOUT 48 YEARS RESIDING AT NO.19/1, 2ND CROSS LOWER PALACE ORCHARDS SADASHIVANAGAR BANGALORE – 560 003. 5. SRI M.V. SRIHARSHAVARDHAN S/O LATE DR. M. VENKATESH, AGED ABOUT 45 YEARS RESIDING AT NO.19/1, 2ND CROSS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2456 WP No. 27267 of 2025 LOWER PALACE ORCHARDS SADASHIVANAGAR BANGALORE – 560 003. 6. SRI Y M JAGADEESH AGED ABOUT 76 YEARS RESIDING AT NO.19/3, 2ND CROSS LOWER PALACE ORCHARDS SADASHIVANAGAR BANGALORE – 560 003. 7. SRI M VASU S/O LATE SRI Y MUNISWAMAPPA, AGED ABOUT 63 YEARS, RESIDING AT NO.5, 16TH CROSS , EAST PARK ROAD, MALLESHWARAM, BENGALURU – 560 055. …PETITIONERS (BY SRI. PARAS JAIN, ADVOCATE) AND: 1. SRI. VIVEK M. NARAYAN S/O SRI M NARAYANA SWAMY, AGED ABOUT 39 YEARS, RESIDING AT NO.5, 2ND CROSS, SEETHAPPA LAYOUT, MANORAYANAPALYA R.T.NAGAR POST, BANGALORE – 560 032. 2. SRI M NARAYANA SWAMY S/O LATE Y MUNISWAMAPPA, AGED ABOUT 82 YEARS RESIDING AT NO.126/88 3RD MAIN, 15TH CROSS, GAYATHRIDEVI PARK EXTENSION VYALIKAVAL, BANGALORE – 560 003. 3. SMT. SOWMYA W/O PRAMOD GOWDA D/O M NARAYANA SWAMY, AGED ABOUT 50 YEARS RESIDING AT NO.126/88 - 3 - HC-KAR NC: 2026:KHC:2456 WP No. 27267 of 2025 3RD MAIN, 15TH CROSS, GAYATHRIDEVI PARK EXTENSION VYALIKAVAL, BANGALORE – 560 003. 4. DR. N RAGHOTHAM S/O M NARAYANA SWAMY AGED ABOUT 43 YEARS RESIDING AT NO.126/88 3RD MAIN, 15TH CROSS, GAYATHRIDEVI PARK EXTENSION VYALIKAVAL, BANGALORE – 560 003. 5. SMT. SUDHA GOPAL W/O LATE M GOPAL, AGED ABOUT 65 YEARS RESIDING AT NO.184, 1ST MAIN, 1ST CROSS, LOWER PALACE ORCHARDS SADASHIVANAGAR, BANGALORE – 560 003. 6. SRI SANJITH GOPAL M., S/O LATE M GOPAL, AGED ABOUT 38 YEARS RESIDING AT ‘SHIVA KRIPA’ #12, 1ST MAIN, 60 FEET ROAD, S.V. LAYOUT, R.M.V. 2ND STAGE, SANJAY NAGAR BANGALORE – 560 003. 7. SRI SHASHANK M GOPAL S/O LATE M GOPAL, AGED ABOUT 34 YEARS RESIDING AT NO.184 1ST MAIN, 1ST CROSS, LOWER PALACE ORCHARDS, SADASHIVANAGAR, BANGALORE – 560 003. 8. SRI M UMA DEVI D/O LATE Y MUNISWAMAPPA, W/O DR. N RAMAIAH AGED ABOUT 70 YEARS, RESIDING AT NO.418, 12TH CROSS, SADASHIVANAGAR, BANGALORE – 560 080. …RESPONDENTS (BY SRI. SHREERAM T.NAYAK, ADVOCATE FOR R-1; NOTICE TO R-2 TO R-8 IS D/W) - 4 - HC-KAR NC: 2026:KHC:2456 WP No. 27267 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09/07/2025 PASSED ON I.A.NO.26, BY THE XIV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU, IN O.S.NO.3835/2017 (ANNEXURE-F TO THIS WRIT PETITION) AND FURTHER PRAYS THAT I.A. NO. 26 FILED UNDER SECTION 11 OF C.P.C. BE ALLOWED AS ISSUE ABOUT THE DIVISION OF PLAINT SCHEDULE ‘C’ AND ‘D’ PROPERTIES WAS DIRECTLY IN ISSUE BEFORE THE HONBLE HIGH COURT OF KARNATAKA IN RFA NO. 742/2009 (DISPOSED ON 28-03-2017), INTER SE BETWEEN THE PARTIES, AND IT HAS BEEN DECLARED THAT PLAINT SCHEDULE C AND D PROPERTIES, ARE IMPARTIBLE ESTATE AND IT CANNOT BE SUBJECT TO PARTITION BETWEEN THE PARTIES AND ONLY USUFRUCT CAN BE ENJOYED BY THEM AND AS SUCH AS IT IS BARRED BY PRINCIPLES OF RES JUDICATA AND ACCORDINGLY TO DISMISS THE PLAINT, AS FAR AS IT PERTAINS TO PLAINT SCHEDULE C AND D PROPERTIES AND FURTHER PRAYS FOR SUCH OTHER ORDER AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE. 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, petitioners seek the following relief: “To issue writ in the nature of certiorari or such other Order or Writ inter alia quashing Order dated 09/07/2025, passed on I.A.No.26, by the XIV Addl. City Civil & Sessions Judge at Bengaluru, in O.S.No.3835/2017 (Annexure-F to this writ petition) and further prays that I.A.No.26 filed under section 11 of C.P.C. be allowed as issue about the division of Plaint Schedule 'C' and 'D' Properties, was directly in issue before the Hon'ble High Court of Karnataka in RFA No. 742/2009 (disposed on 28-03-2017), inter se between the parties, and it has been declared that Plaint Schedule 'C' and - 5 - HC-KAR NC: 2026:KHC:2456 WP No. 27267 of 2025 'D' Properties, are impartible estate and it cannot be subject to partition between the parties and only usufruct can be enjoyed by them and as such as it is barred by principles of Res Judicata and accordingly to dismiss the plaint, as far as it pertains to plaint Schedule 'C' and ‘D’ properties and further prays for such other order as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the ends of Justice.” 2. After arguing the matter for sometime, learned counsel for both sides jointly submit that having regard to the fact that the suit is of the year 2017, the Trial Court may be directed to dispose of the suit on merits within a stipulated time frame without being influenced by the findings and observations recorded in the impugned order and leaving open contentions urged by both sides on all aspects of the matter including the contentions urged in I.A.No.26, in accordance with law. 3. The joint submission of learned counsel for both sides is placed on record. 4. Accordingly, the petition stands disposed of directing the Trial Court to dispose of the suit in O.S.No.3835/2017 on all issues, in accordance with law, without being influenced by the - 6 - HC-KAR NC: 2026:KHC:2456 WP No. 27267 of 2025 findings and observations recorded in the impugned order on or before 30.04.2026. 5. All rival contentions on all aspects of the matter including the contentions urged in I.A.No.26 are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. 6. Both parties are directed to cooperate with the Trial Court for expeditious disposal of the suit. 7. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 52