- 1 - HC-KAR NC: 2026:KHC:3283 WP No. 35713 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.35713 OF 2025 (GM-FC) BETWEEN: SRI Y. A. SUDHAKARA BABU AGED ABOUT 64 YEARS S/O. LATE ASHWATHANARAYANA RAO RESIDING AT NO.1078 8TH CROSS, BSK I STAGE BENGALURU -560 050 …PETITIONER (BY SRI B. C. SEETHARAMA RAO, ADVOCATE, (THROUGH VC)) AND: 1. SRI RISHAB KASHYAP AGED ABOUT 18 YEARS S/O. SUDHAKARA BABU Y. A. RESIDING AT NO.35/3, III FLOOR 7TH CROSS, 7TH MAIN MALLESHWARAM BENGALURU - 560 003 (THE I RESPONDENT IS SON OF MR. BHUPESH JAIN AND HE HAS WRONGLY SHOWN THE NAME AS SUDHAKARA BABU Y. A. AS HIS FATHER) 2. SMT. BHUVANA S. BABU W/O. SRI ABHISHEK SHASTRY AGED ABOUT 33 YEARS RESIDING AT NO.1078 Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3283 WP No. 35713 of 2025 8TH CROSS, BSK I STAGE BENGALURU-560 050 3. SMT. LOCHANA S. BABU W/O. SRI HEMANTH PAI AGED ABOUT 32 YEARS RESIDING AT NO.1078 8TH CROSS, BSK I STAGE BENGALURU-560 050 …RESPONDENTS (NOTICE TO RESP. IS DISPENSED WITH, VIDE COURT ORDER DATED 21/01/2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS CONNECTED WITH O.S.NO.333/2022 ON THE FILE OF THE HON'BLE II PRL. JUDGE, FAMILY COURT, BENGALURU AND TO EXAMINE THE SAME TO QUASH THE ENTIRE PROCEEDINGS BY ISSUING WRIT OF CERTIORARI BY QUASHING THE PROCEEDINGS AS PER ANNEXURE-C AND THE PLAINT IN O.S NO.333/2022 ON THE FILE OF THE HON'BLE II PRL. JUDGE, FAMILY COURT, BENGALURU AT ANNEXURE-A INCLUDING AWARD OF COSTS PAYABLE BY THE R-1. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:3283 WP No. 35713 of 2025 ORAL ORDER Heard Sri.B.C.Seetharama Rao, who appears through video conference and represents the petitioner. 2. Learned counsel submits that the writ petitioner is the first defendant to the suit in O.S.No.333/2022 which is pending before the Court of II Additional Principal Judge, Bengaluru. Learned counsel submits that the suit itself is not maintainable and therefore the petitioner/defendant No.1 filed a petition i.e. I.A.No.III under Order VII Rule 11 CPC seeking the Court to reject the plaint. The said petition was filed in the month of November 2022. But till now the Court has not disposed of the said petition and the Court is adjourning the matter continuously. Learned counsel submits that no further orders in this petition are required except a direction to the trial Court to take up I.A. No.III filed under Order VII Rule 11 CPC and to decide the same on merits. 3. In the light of the limited relief sought for and as this Court is not deciding anything on the merits of the - 4 - HC-KAR NC: 2026:KHC:3283 WP No. 35713 of 2025 case, considers that notice to respondents as sought for can be dispensed with. Thus, notice to respondents is dispensed with. 4. Filing of I.A. No.III for rejection of plaint is clear by the contents of the certified copy of the order sheet filed. As per the order sheet, the said application was taken into consideration by the Court on 04.11.2022. However, the subsequent orders in the daily order sheet does not disclose anything regarding disposal of the said interlocutory application. Therefore, this Court considers desirable to direct the trial Court to verify about the pendency of I.A.No.III, to take up the same as provided under law and to dispose of the said interlocutory application on merits. 5. Therefore, the writ petition is disposed of with the following ORDER i) The Court of II Additional Principal Judge, Bangalore, is directed to verify about the pendency of - 5 - HC-KAR NC: 2026:KHC:3283 WP No. 35713 of 2025 I.A. No.III in O.S.No.333/2022, if found pending, take up the same for hearing, giving due opportunity to both parties to make their submission and thereafter dispose of the same on merits as provided under law. The said interlocutory application be disposed of within a period of 30 days from the date of receipt of certified copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP List No.: 1 Sl No.: 21