- 1 - HC-KAR NC: 2026:KHC:7177 WP No. 2872 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2872 OF 2026 (GM-CPC) BETWEEN: SRI CHANDRASHEKHAR SON OF LATE R.B. SHASHIDHARAIAH, AGED ABOUT 59 YEARS, RESIDING AT RAJANUKUNTE VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK – 560 064 …PETITIONER (BY SRI. T. N. VISWANATHA, ADVOCATE) AND: 1. SRI B.S. NANDANARADHYA, SON OF N. SIDDARAJU, AGED ABOUT 28 YEARS, RESIDING AT BHAKTHARAHALLI VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT PIN – 562 105 2. SRI RAKESHARADHYA B.S., SON OF N. SIDDARAJU, AGED ABOUT 25 YEARS, RESIDING AT BHAKTHARAHALLI VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT -PIN – 562 105 3. SMT. SOWBHAGYA, WIFE OF VIJAYA PRACANDI, AGED ABOUT 55 YEARS, RESIDING AT RAJANUKUNTE VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK – 560 064 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7177 WP No. 2872 of 2026 4. SRI R. S. BASAVARAJU, SON OF LATE SHASHIDHARAIAH, AGED ABOUT 52 YEARS, RESIDING AT RAJANUKUNTE VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK – 560 064 5. SRI A. H. MASTHAN ALI, SON OF R. HUSSAIN PEERA, AGED ABOUT 47 YEARS, RESIDING AT NO.225, L.I.G. 707-CHS, 3RD CROSS, 4TH PHASE, YELAHANKA NEW TOWN, BENGALURU – 560 064. 6. SMT. MANJULA, WIFE OF B.M. SHIVAKUMAR, DAUGHTER OF LATE R. B. SHASHIDHARAN, AGED ABOUT 59 YEARS, RESIDING AT M.I.G. 189, 4TH PHASE, 4TH CROSS, YELAHANKA, BENGALURU – 560 064 …RESPONDENTS (NOTICE TO RESPONDENTS ARE DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 01/07/2026 PASSED ON I.A.NOS. 2 IN R.A. NO. 45/2025 ON THE FILE OF THE XIXTH ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU VIDE ANNX-A. 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 This petition by the 1st respondent in R.A.No.45/2025 is directed against the impugned order dated 01.07.2025, whereby - 3 - HC-KAR NC: 2026:KHC:7177 WP No. 2872 of 2026 the applications I.A.Nos.1 and 2 filed by respondents 1 and 2 – appellants under Section 5 of the Limitation Act was allowed by the 1st appellate court, which condoned the delay of 2030 days in filing the appeal. 2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents is dispensed with. 3. The limited grievance of the petitioner in the present petition is that though vide subsequent order dated 05.12.2025, the 1st appellate court has received the objections filed by the petitioner to I.A.No.2 for condonation of delay under Section 5 of the Limitation Act, the said order dated 05.12.2025, which directs enquiry to be conducted on I.A.No.2 is contrary to the earlier impugned order dated 01.07.2025 which purports to allow I.A.No.2 and condoned the delay in filing the appeal. The said grievance/apprehension of the petitioner can be addressed and the interest of all parties can be safeguarded by clarifying that since the 1st appellate court itself has directed the matter to be posted for enquiry on I.A.No.2 for condonation of delay filed by the - 4 - HC-KAR NC: 2026:KHC:7177 WP No. 2872 of 2026 respondents 1 and 2 - appellants under Section 5 of the Limitation Act, the earlier interim order dated 0.107.2025 purporting to allow I.A.No.2 and condoning the delay without providing an opportunity to the petitioner is deemed to have been recalled and the same would stand impliedly recalled by directing the 1st appellate court to proceed further and dispose of I.A.No.2 afresh in accordance with law. 4. In the result, I pass the following:- ORDER (i) Petition is hereby disposed of. (ii) The 1st appellate court is directed to consider the rival contentions of all parties on I.A.No.2 for condonation of delay filed by the respondents 1 and 2 – appellants and conduct enquiry and pass appropriate orders in accordance with law. (iii) All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL