- 1 - HC-KAR NC: 2026:KHC:355 WP No. 32925/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 32925/2025 (GM-CPC) BETWEEN: 1. SRI NATARAJU, S/O SMT. MUNIYAMMA, AGED ABOUT 25 YEARS. 2. SMT. RASHMI, D/O LATE SRI G M PRAKASH, AGED ABOUT 33 YEARS. 3. SMT. G P ANU, D/O LATE SRI G M PRAKASH, AGED ABOUT 45 YEARS. 4. SMT. G P AHALYA, D/O LATE SRI G M PRAKASH, AGED ABOUT 43 YEARS. 5. KUM G P CHAITHRA, D/O LATE SRI G M PRAKASH, AGED ABOUT 30 YEARS. 6. KUM. ROUNYA PRAKASH, D/O LATE SRI G M PRAKASH, AGED ABOUT 28 YEARS. 7. G T SHIVASHEKAR, S/O LATE SMT. SIDDAMMA, AND LATE SRI THIPPANNA, AGED ABOUT 62 YEARS. 8. G T ANANDKUMAR, S/O LATE SMT. SIDDAMMA, AND LATE SRI THIPPANNA, AGED ABOUT 60 YEARS. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:355 WP No. 32925/2025 9. G T NAGESH, S/O LATE SMT. SIDDAMMA, AND LATE SRI THIPPANNA, AGED ABOUT 55 YEARS. 10. T VENKATESH, S/O LATE SMT. SIDDAMMA, AND LATE SRI THIPPANNA, AGED ABOUT 48 YEARS. 11. SMT. G T GAYATHRI, D/O LATE SMT. SIDDAMMA, AND LATE SRI. THIPPANNA, AGED ABOUT 45 YEARS. 12. SMT. VENKATAMMA, W/O LATE SRI. MUNIYAPPA, D/O LATE SMT. MUNIYAMMA, AGED ABOUT 85 YEARS. 13. SMT. RADHAMMA, D/O LATE SMT. SARASWATHAMMA, AND LATE SRI MARIYAPPA, AGED ABOUT 55 YEARS. 14. SMT. G.M. PREMAKUMARI, D/O LATE SMT. SARASWATHAMMA, AND LATE SRI. MARIYAPPA, AGED ABOUT 52 YEARS. 15. SRI. G.M. BEERESHWARA, S/O LATE SMT. SARASWATHAMMA AND LATE SRI. MARIYAPPA, AGED ABOUT 50 YEARS. 16. SMT. G.M. MUKTHA, D/O LATE SMT. SARASWATHAMMA AND LATE SRI. MARIYAPPA, AGED ABOUT 45 YEARS. 17. SMT. G.M. MAMATHA, D/O LATE SMT. GOWRAMMA AND LATE SRI. MARIYAPPA, AGED ABOUT 43 YEARS. - 3 - HC-KAR NC: 2026:KHC:355 WP No. 32925/2025 18. SRI. G.M. SHANTHAMURTHY, D/O LATE SMT. GOWRAMMA AND LATE SRI. MARIYAPPA, AGED ABOUT 38 YEARS. 19. SMT. G.M. BHAGYAMMA, D/O LATE SMT. MUNIYAMMA, AND LATE SRI.MUNIVENKATAPPA, AGED ABOUT 70 YEARS. 20. SRI. J. RAVISHEKAR, S/O SMT. G.M. BHAGYAMMA AND LATE SRI. JAGANATH, AGED ABOUT 45 YEARS. 21. SRI. J. SHESIDHARA, S/O SMT. G.M. BHAGYAMMA AND LATE SRI. JAGANATH, AGED ABOUT 43 YEARS. 22. SRI. J. RAGHU, S/O SMT. G.M. BHAGYAMMA AND LATE SRI. JAGANATH, AGED ABOUT 40 YEARS. 23. SMT. J. NETHRAVATHI, D/O SMT. G.M. BHAGYAMMA AND LATE SRI. JAGANATH, AGED ABOUT 38 YEARS. 24. SMT. J. RAMYA, S/O SMT. G.M. BHAGYAMMA AND LATE SRI. JAGANATH, AGED ABOUT 36 YEARS. All ARE R/At GUNJUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU - 560 087. …PETITIONERS (BY SRI.RAVI KUMAR N R., ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:355 WP No. 32925/2025 AND: 1. SMT G V SAROJA, W/O SRI BHEEMARAJU, AGED ABOUT 60 YEARS, R/AT NO.133, 9TH CROSS, 3RD MAIN ROAD, CHAMARAJPET, BENGALURU - 560 018. 2. SRI. G.K. MURALI, S/O SRI. G.M. KRISHNAPPA, AGED ABOUT 31 YEARS, R/O. GUNJUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 087. 3. SRI. G.K. KUPENDRA, S/O SRI. G.M. KRISHNAPPA, AGED ABOUT 29 YEARS, R/O. GUNJUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 087. 4. SRI. G.K. RAGHAVENDRA, S/O SRI. G.M. KRISHNAPPA, AGED ABOUT 25 YEARS, R/O. GUNJUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 087. 5. SRI. G.M. KRISHNAPPA, S/O LATE SRI. MUNIVENKATAPPA, AGED ABOUT 61 YEARS, R/O. GUNJUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 087. - 5 - HC-KAR NC: 2026:KHC:355 WP No. 32925/2025 6. SMT. RAMAKKA, W/O LATE SRI. G.L. VENKATAGIRIYAPPA, AGED ABOUT 75 YEARS, R/AT NO. 133, 9TH CROSS, 3RD MAIN ROAD, CHAMARAJPET, BENGALURU-560 018. …RESPONDENTS (BY SRI.SRINIVASAN RAGHAVAN V, SENIOR COUNSEL FOR SRI SWAROOP S., ADVOCATE for C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER AT ANNEXURE-A BY ALLOWING THE WRIT PETITION BY SETTING ASIDE THE IMPUGNED ORDER PASSED ON IA NO.1 FILED UNDER ORDER XLI RULE 5 OF CPC IN R.A.NO.51/2025 DATED 08-09-2025 PASSED BY THE IX ADDL. DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND DISMISS THE SAID APPLICATION AND ETC. THIS PETITION, 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 petitioners seek the following relief: 1. Issue Writ in the nature of Certiorari to quash the impugned order which is at Annexure-A to this Writ Petition by allowing the Writ Petition by setting aside the impugned order i.e., order passed on I.A.No.1 filed under Order XLI Rule 5 of CPC in R.A.No.51/2025 dated 08.09.2025 passed by the IX Addl. District Judge, Bengaluru Rural District, Bengaluru and dismiss the said application. - 6 - HC-KAR NC: 2026:KHC:355 WP No. 32925/2025 2. To pass such other relief or reliefs as deemed fit by this Hon'ble Court under the facts and circumstances of the case in the interest of justice and equity. 2. Heard learned counsel for the petitioners, learned senior counsel for caveator / respondent No.1 and perused the materials on record. 3. After arguing the matter for sometime, learned counsel for the petitioners and learned senior counsel for caveator/ respondent No.1 jointly submits that the appeal in R.A.No.51/2025 is posted before the First Appellate Court on 09.01.2026 and the respondents who are the appellants before the First Appellate Court have submitted their arguments. Therefore, it is jointly submitted by both sides that, the First Appellate Court may be directed to dispose of the appeal on merits within a stipulated time frame. 4. In view of the joint submissions made by both sides, though several contentions have been urged by - 7 - HC-KAR NC: 2026:KHC:355 WP No. 32925/2025 both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition, directing the First Appellate Court i.e., IX Additional District Judge, Bengaluru Rural District, Bengaluru to dispose of the appeal in R.A.No.51/2025 on merits and in accordance with law as expeditiously as possible, at any rate within a period of two months from 09.01.2026. 5. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MRP/PKN List No.: 1 Sl No.: 21