- 1 - HC-KAR NC: 2026:KHC:2198 WP No. 28272 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28272 OF 2023 (GM-CPC) BETWEEN: SMT ANUSHA P D/O SRI. UMAPATHI RAJU AGED ABOUT 31 YEARS R/AT NO. 77/3, BETWEEN 17TH AND 18TH CROSS 18TH MAIN, MALLESHWARAM BENGALURU 560 055. …PETITIONER (BY SRI. PRASHANTH U. T, ADVOCATE) AND: 1. SRI A K MEHTA FAHTER S NAME NOT KNOWN AGED ABOUT 64 YEARS RA/T FLAT NO.39, HYDERABAD ESTATE NAPEAN ROAD, MUMBAI MAHARASHTRA 400 036. 2. SRI. R. VENKATASUBRAMANIAN S/O LATE D. RAJAGOPALAN AGED ABOUT 71 YEARS R/AT NO. 419, 2ND CROSS INDIRANAGAR, 1ST STAGE BENGALURU 560 038. 3. SRI. R. BASKARAN S/O V.P RATHNAM AGED ABOUT 76 YEARS R/AT MUDALIAR ROAD, NO.50, MARIGAPPADADEVA BENGALURU - 560 055. Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2198 WP No. 28272 of 2023 4. SRI. B.D. TELEGANA S/O DHARAMANNA AGED ABOUT 76 YEARS R/AT NO. 193, BEMPL LAYOTU 3RD CROSS, BASAVESHWARANAGAR WEST OF CHORD ROAD, BENGALURU 560 079. 5. SMT. AMULYA S.P D/O C.R. NARAYAN AGED ABOUT 50 YEARS RA/T NO. 37, LAKE VIEW 4TH MAIN, VINAYAKA LAYOUT BHOOPASANDRA SANJAYNAGAR BENGALURU - 560 094. 6. CENTRAL EXCISE HOUSING BUILDING CO OPERATIVE SOCIETY TLTD REP BY ITS SECRETARY HAVING ITS OFFICE AT CENRTRAL REVENUE BUILDING QUEENS ROAD, BENGALURU 560 001. 7. SMT. R. GIRIJA W/O P. KOTHANDAPANI AGED ABOUT 61 YEARS R/A NO. 307, RAJALAKSHMI 2ND CROS, 4TH MAIN 2ND STAGE, BTM LAYOUT BENGALURU - 560 076. 8. SRI. R. KOTHANDAPANI S/O LATE RAJAGOPALAN AGED ABOUT 66 YEARS R/AT NO. 307, RAJALAKSHMI 2ND CROSS, 4TH MAIN 2ND, STAGE, BTM LAYOUT BENGALURU - 560 076. 9. SRI. P. UMAPATHI RAJU S/O P. GOPAL RAJU AGED ABOUT 63 YEARS RA/T NO. 77/3, 6TH MAIN 18TH CROSS, MALELSHWARAM BENGALURU - 560 055. - 3 - HC-KAR NC: 2026:KHC:2198 WP No. 28272 of 2023 10. THE ASSISTANT GENERAL MANAGER VIJAYA BANK PALACE ORCHARDS BRANCH NO. 344/6, 4TH MAIN, UPPER PALACE BENGALURU - 560 080. 11. SRI. K. SOMASHEKHAR S/O LATE K.S. KRISHNAPPA AGED ABOUT 66 YEARS R/AT NO.81, 1ST MAIN 4TH CROSS, U.A.S. LAYOUT SANJAYNAGAR BENGALURU - 560 094. 12. SMT. PADMA SHEKHAR W/O K. SOMASHEKAR AGED ABOTU 61 YEARS R/AT NO. 81, 1ST MAIN 4TH CROSS, U.A.S LAYOUT SANJAYNAGAR BENGALURU – 560 094. 13. SRI. GOPI P M S/O LATE MYLARIAAH AGED ABOUT 40 YEARS R/AT NO. 130, 13TH ‘A’ MAIN RAGHAVENDRA MUTT ROAD, GOKULA EXTENSION, MATHIKERE BENGALURU - 560 054. 14. SMT. LAKSHMI S.C W/O SRI. GOPI P.M AGED ABOUT 28 YEARS R/AT NO. 130, 13TH ‘A’ MAIN RAGHAVENDRA MUTT ROAD, GOKULA EXTENSION, MATHIKERE BENGALURU - 560 054. 15. SRI. NARAYAN KRISHNA RAO S/OLATE M.N. SESHAGIRI RAO AGED ABOUT 56 YEARS R/AT FLAT NO.04, OM SAI DHAM 1ST MAIN, 4TH CROSS SIDDHIVINAYAK LAYOUT RMV 2ND STAGE, SANJAYNAGAR BENGALURU - 560 094. - 4 - HC-KAR NC: 2026:KHC:2198 WP No. 28272 of 2023 16. SMT USHA KRISHNA RAO W/O NARAYANA KRISHNA RAO, AGED ABOUT 50 YEARS, RESIDING AT NO 04, OM SAI DHAM, 1ST MAIN, 4TH CROSS, SIDDIVINAYAK LAYOUT, RMV 2ND STAGE, SANJAYNAGAR, BENGALURU 560 094. 17. SRI K MOHAN KUMAR S/O VENKATARAJU, AGED ABOUT 46 YEARS, RESIDING AT NO 129, SBI COLONY, R C ROAD, THIRUPATHI, ANDHRA PRADESH 517 501. 18. SRI SAMTHAPUDI KRISHNAMARAJU DAYA S/O SANMATHPUDI RAMARAJU KRISHNAMARAJU, AGED ABOUT 41 YEARS, RESIDING AT NO 8900 INDEPENDENCE PKWY APT 34103, PLANO, TEXAS, USA 75025 REP BY SMT S R BHAGYA, RESIDING AT NO 444, 11TH CROSS, SADASHIVANAGARA BENGALURU 560 080. 19. SRI SRISHA HEJMADE S/O H V N ACHARYA, AGED ABOUT 56 YEARS, RESIDING AT NO 14, 6TH CROSS, 6TH MAIN ROAD, POSTAL COLONY, 2ND STAGE, SANJAYNAGAR, BENGALURU 560 094. 20. SRI G E VASNTHAKUMAR S/O G ESHWARAPPA, AGED ABOUT 52 YEARS, RESIDING AT NO 16, FLAT NO 102, AMULYA COMPACT 4TH CROSS, RAMAKRISHNA GARDEN, NEW BEL ROAD BENGALURU – 560 054. - 5 - HC-KAR NC: 2026:KHC:2198 WP No. 28272 of 2023 21. SRI NANDAKISHORE S/O LATE TUKARAM RAO, AGED ABOUT 58 YEARS, RESIDING AT NO 150, 2ND CROSS, CENTRAL EXCISE LAYOUT, BHOOPASANDRA, BENGALURU – 560 094. 22. SMT VANDANA KADAM W/O NANDAKISHORE, AGED ABOUT 53 YEARS, RESIDING AT NO 150, 2ND CROSS, CENTRAL EXCISE LAYOUT, BHOOPASANDRA BENGALURU – 560 094. 23. SRI N RAMA PRATAP REDDY S/O N RAMACHANDRA REDDY, AGED ABOUT 54 YEARS, RESIDING AT PRINCIPAL QUARTERS, REVA INSTITUTE OF TECHNOLOGY AND MANAGEMENT CAMPUS, KATTIGENAHALL YELAHANKA, BENGALURU – 560 064. 24. SRI M GOVINDARAJU S/O LATE MUNIYAPPA, AGED ABOUT 45 YEARS, RESIDING AT NO 45, 2ND MAIN, CHINNANNA LAYOUT, KAVALBYRANSANDRA, BENGALURU – 560 032. …RESPONDENTS (BY SMT. NETHRA.G, ADVOCATE FOR R-24) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN OS NO. 3152/2023 PENDING ON THE FILE OF HONBLE XXXIX ADDL CITY AND SESSION JUDGE (CCH-40) AT BENGALURU AND SETTING ASIDE THE IMPUGNED ORDER DTD 26.09.2023 PASSED ON IANOL. 2/2023 AT ANNEXURE-S FILED UNDER ORDER I RULE 10(2) OF CIVIL PROCEDURE CODE 1908 IN OSNO. 3152/2003 AT ANNEXURE-Q PENDING ON THE FILE OF HONBLE XXXIX ADDL CITY CIVIL AND SESSIONS JUDGE (CCH-40) AT BENGALURU AND CONSEQUENTLY DISMISS THE IA NO. 2/2021 FILED BY R-24 UNDER ORDER I RULE 10(2) OF CIVIL PROCEDURE CODE 1908 IN OS NO. 3152/2003 PENDING ON THE FILE OF HONBLE XXXIX ADDL CITY CIVIL AND SESSION JUDGE(CCH-40) AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2026:KHC:2198 WP No. 28272 of 2023 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ i) Call for records in O.S.No.3152/2003, pending on the file of Hon’ble XXXIX Additional City Civil & Sessions Judge (CCH-40), at Bengaluru. ii) ISSUE WRIT OR Certiorari by quash the impugned order dated; 26/09/2023 passed on I.A.No.2/2021 at Annexure-S filed under Order I Rule 10(2) of Civil Procedure Code, 1908 in O.S.No.3152/2003, at Annexure-Q pending on the file of Hon’ble XXXIX Additional City Civil & Sessions Judge, (CCH-40) at Bengaluru and CONSEQUENTLY dismiss the I.A.No.2/2021 filed by 24th Respondent under Order I Rule 10(2) of Civil Procedure Code, 1908 in O.S.No.3152/2003, pending on the file of Hon’ble XXXIX Additional City Civil & Sessions Judge, (CCH-40) at Bengaluru. iii) ISSUE A WRIT OF MANDAMUS directing the Trial Court dispose off O.S.No.3152/2003, pending on the file of the Hon’ble XXXIX Additional City Civil & Sessions Judge (CCH-40), at Bengaluru, within a time period of 3 months. iv) PASS any other appropriate Order, as this Hon’ble Court deems fit, in the facts and circumstances of the case, including the cost of this Writ Petition, in the interest of justice and equity.” - 7 - HC-KAR NC: 2026:KHC:2198 WP No. 28272 of 2023 2. Learned counsel for the petitioner submits that the trial in the suit has been completed and the petitioner who was directed to be impleaded as defendant No.24 by virtue of the impugned order, would not file separate written statement and would adopt the writ statement of defendant No. 9 and the trial court may be directed to dispose of the suit within a stipulated timeframe. The said submission is placed on record. 3. Accordingly, petition is disposed of without interfering with the impugned order. In the light of the submission made by the learned counsel for petitioner that the petitioner who was directed to be impleaded as defendant No. 24 would not file a separate written statement, the trial court is directed to dispose of the suit in O.S.No.3152/2003 on or before 30.04.2026. All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.