- 1 - HC-KAR NC: 2026:KHC:16598 WP No. 5556 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5556 OF 2025 (GM-CPC) BETWEEN: M/S BHAVANI ENTERPRISES A REGISTERED FIRM REGISTERED UNDER THE PROVISIONS OF THE INDIAN PARTNERSHIP ACT, 1932 HAVING ITS OFFICE AT NO.372 NILAY MAIN ROAD, R.T NAGAR BANGALORE-560 032 REPRESENTED BY ITS PARTNER PRASHANT …PETITIONER (BY SMT. POONAM S. PATIL, ADVOCATE) AND: 1 VAJRAPPA SINCE DEAD BY HIS LR's GANGAMMA SINCE DEAD BY HER LR's HANUMAKKA W/O NINGAMUNIYAPPA AGED ABOUT 48 YEARS R/AT THALAGATTAPURA VILLAGE BANGALORE SOUTH TALUK-560 109 2. SMT. MUNIGANGAMMA W/O ANJANAPPA AGED ABOUT 54 YEARS R/AT MYSORE ROAD, KENGERI HOBLI Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16598 WP No. 5556 of 2025 JADENAHALLI BANGALORE SOUTH TALUK-560 109 3. SMT. KOMALA W/O CHANDRAPPA AGED ABOUT 33 YEARS R/AT THALAGHATTAPURA VILLAGE BANGALORE SOUTH TALUK-560 109 4. SRI. KUMAR S/O LATE VAJRAPPA AGED ABOUT 34 YEARS R/AT THALAGHATTAPURA VILLAGE BANGALORE SOUTH TALUK-560 109 5. SRI. SRINIVASA S/O VAJRAPPA AGED ABOUT 30 YEARS R/AT THALAGHATTAPURA VILLAGE BANGALORE SOUTH TALUK-560 109 6. SRI. PRAKASH S/O. VAJRAPPA AGED ABOUT 29 YEARS R/AT THALAGHATTAPURA VILLAGE BANGALORE SOUTH TALUK-560 109 7. SMT. MUNIYAMMA W/O. KARIYAPPA AGED ABOUT 55 YEARS 8. SRI. RAMALINGA S/O KARIYAPPA AGED ABOUT 34 YEARS 9. SRI. LAKSHMANA S/O KARIYAPPA AGED ABOUT 32 YEARS - 3 - HC-KAR NC: 2026:KHC:16598 WP No. 5556 of 2025 10. SRI. VAJRAPPA S/O KARIYAPPA AGED ABOUT 25 YEARS 11. SRI. HANUMANTHARAYA S/O KARIYAPPA AGED ABOUT 18 YEARS 12. SRI. SIDDAPPA S/O LINGAPPA AGED ABOUT 57 YEARS SRI. CHIKKAVAJRAPPA S/O LINGAPPA SINCE DEAD BY LR’s 13. ANITHA D/O LATE CHIKKAVAJRAPPA AGED ABOUT 48 YEARS 14. HANUMANTHARAYA S/O LATE CHIKKAVAJRAPPA AGED ABOUT 47 YEARS 15. MAYANNA S/O LATE CHIKKAVAJRAPPA AGED ABOUT 46 YEARS 16. SHIVAKUMAR S/O LATE CHIKKAVAJRAPPA AGED ABOUT 48 YEARS 17. SMT. RADHA D/O LATE CHIKKAVAJRAPPA AGED ABOUT 48 YEARS RESPONDENTS NO.7 TO 17 ARE RESIDING AT THALAGHATTAPURA VILLAGE BANGALORE SOUTH TALUK - 4 - HC-KAR NC: 2026:KHC:16598 WP No. 5556 of 2025 BANGALORE-560 068 18. SMT. LAKSHMAMMA W/O. BYLAPPA AGED ABOUT 40 YEARS SINCE DEAD BY HER LR's SMT. KEMPAMMA D/O. BYLAPPA W/O. NAGARAJ MAJOR THALAGHATTAPURA VILLAGE KANAKAPURA MAIN ROAD BANGALORE-560 068 19. SMT. RENUKAMMA D/O. BYLAPPA W/O. GOVINDAPPA MAJOR AGARA, THALAGHATTAPURA POST KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE-560 068 20. SMT. GIRIJAMMA D/O BYLAPPA W/O GOVINDAPPA MAJOR SOMANAHALLI POST KANAKAPURA ROAD BANGALORE-560 068 21. SMT. SAVITHRAMMA D/O BYLAPPA W/O CHANDRASHEKAR MAJOR THALAGHATTAPUPA POST KANAKAPURA MAIN ROAD BANGALORE-560 062 - 5 - HC-KAR NC: 2026:KHC:16598 WP No. 5556 of 2025 22. SRI. DEVARAJ S/O BYLAPPA AGED ABOUT 35 YEARS THALAGHATTAPURA VILLAGE BANGALORE SOUTH TALUK BANGALORE-560 068 23. SRI. SIDDAPPA S/O BYLAPPA AGED ABOUT 18 YEARS THALAGHATTAPURA VILLAGE BANGALORE SOUTH TALUK BANGALORE 560 068 24. HANUMANTHAPPA S/O MADAIAH SINCE DEAD BY HIS LR’s SMT. KATHYANAMMA W/O LATE HANUMANTHAPPA AGED ABOUT 65 YEARS 25. SMT. LATHA D/O LATE HANUMANTHAPPA AGED ABOUT 42 YEARS SRI. GIRISHA S/O LATE HANUMANTHAPPA SINCE DEAD BY HIS LR’s 26. SMT. POORNIMA R W/O LATE GIRISHA AGED ABOUT 44 YEARS R/AT NO.2, BHAIRAVA NILAYA 1ST MAIN, 2ND CROSS AVALAHALLI, MYSORE ROAD BENGALURU-560 026 27. SRI. MAHESHA S/O LATE HANUMANTHAPPA - 6 - HC-KAR NC: 2026:KHC:16598 WP No. 5556 of 2025 AGED ABOUT 36 YEARS 28. SRI. SATHISHA S/O LATE HANUMANTHAPPA AGED ABOUT 36 YEARS 29. SMT. KALPANA D/O LATE HANUMANTHAPPA AGED ABOUT 34 YEARS RESPONDENT NOS.26 TO 29 ARE RESIDING AT KUMAR BAR HEMENS DABHA, JUDICIAL LAYOUT KANAKAPURA ROAD BANGALORE-560 069 30. SMT. SARASWATHAMMA W/O SIDDAPPA AGED ABOUT 45 YEARS THALAGHATTAPURA VILLAGE BANGALORE SOUTH TALUK BANGALORE-560 068 31. SRI T. NIRAJAKSHALU S/O T. DORESWAMY NAIDU MAJOR R/AT NO.45, 2ND MAIN 3RD CROSS, SRINIVASA NAGAR BSK 1ST STAGE, 2ND BLOCK BANGALORE-560 050 32. HARI KHODAY BREWERY LTD., KANAKAPURA MAIN ROAD BANGALORE-560 062 33. PURVANKARA PROJECTS LTD A COMPANY REGISTERED UNDER THE PROVISIONS OF INDIAN COMPANIES ACT, 1956, NO.130/1, ULSOOR ROAD - 7 - HC-KAR NC: 2026:KHC:16598 WP No. 5556 of 2025 …RESPONDENTS (VIDE ORDER DTD.28.02.2025 NOTICE TO R1-R10 & R12-R35 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.12.2024 PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE, BANGLORE RURAL DISTRICT AT BANGALORE IN OS NO. 192/1998, ON IA NO. 41 FILED BY THE PETITIONER HEREIN UNDER ORDER VI RULE 17 READ WITH SECTION 151 AND 153 OF THE CODE OF CIVIL PROCEDURE 1908 VIDE ANNEXURE -A AND CONSEQUENTLY ALLOW IA NO. 41 FILED BY THE PETITIONER VIDE ANNEXURE –Q AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD BANGALORE -560 042 REPRESENTED BY DEPUTY MANAGING DIRECTOR 34. SMT. ANITHA D/O LATE KARIYAPPA W/O LOKANATH AGED ABOUT 45 YEARS R/AT NO.141, 2ND CROSS J.C. NAGAR, BASAVESHWARANAGARA BANGALORE-560 079 35. SMT. SHARADHAMMA D/O.LATE VAJRAPPA W/O SRI HANUMANTHRAYAPPA AGED ABOUT 65 YEARS R/AT NO.136, BARADI NELAMANGALA TALUK BANGALORE RURAL DISTRICT-562 123 - 8 - HC-KAR NC: 2026:KHC:16598 WP No. 5556 of 2025 ORAL ORDER This writ petition is filed by defendant No.17 under Articles 226 and 227 of the Constitution of India, challenging the order dated 19.12.2024 passed by the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, in O.S. No.192/1998, whereby I.A. No.41 filed by the petitioner under Order VI Rule 17 read with Sections 151 and 153 of the Code of Civil Procedure was rejected. 2. The plaintiffs have filed the suit in O.S. No.192/1998 for partition and separate possession. Defendant Nos.15 and 17 filed applications under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure. Both applications were clubbed together, and a common order was passed. However, throughout the impugned order, consideration has been given only to the application filed by defendant No.15. In the body of the order, it is mentioned that objections were filed by the plaintiffs. Therefore, the impugned order passed by the trial Court on the application filed by defendant No.17 is without application of mind. Accordingly, I.A. No.41 filed by defendant No.17 deserves to be allowed. - 9 - HC-KAR NC: 2026:KHC:16598 WP No. 5556 of 2025 3. Accordingly, the following order is passed: (i) The writ petition is allowed insofar as the petitioner is concerned. (ii) The order dated 19.12.2024 passed on I.A. No.41 in O.S. No.192/1998 is set aside. (iii) The matter is remitted back to the trial Court to reconsider I.A. No.41 filed by defendant No.17, in accordance with law, as expeditiously as possible, and in any event not later than the end of April 2026. (iv) Liberty is reserved to the parties to seek early disposal of the matter. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 53