Allowed¶41

Sri Thimmareddy P v. Simon S C

Karnataka HC27 Nov 2025WP/11451/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; single-judge order by Pradeep Singh Yerur, J.; writ petition under Article 227 (GM-CPC); quashing/setting aside of Trial Court order on IA No.7; direction to Trial Court to frame additional issues in O.S.No.4640/2024; petitioner/defendant No.3 Thimmareddy P; consent memo dated 28.08.2025 by plaintiff's counsel; respondents served/unrepresented; notice to respondent No.4 dispensed. Keywords: additional issues; I.A.No.7; O.S.No.4640/2024; Article 227; supervisory jurisdiction; set aside; civil procedure.

What did the court decide?

Writ petition allowed; impugned order of the XII Additional City Civil and Sessions Judge, Bengaluru in O.S.No.4640/2024 set aside; I.A.No.7 (seeking framing of additional issues) allowed; Trial Court directed to frame additional issues and proceed further. ¶41

Sri Thimmareddy P Vs Simon S C — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:49472 WP No. 11451 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 11451 OF 2025 (GM-CPC)

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BETWEEN:

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SRI. THIMMAREDDY P S/O SRI PULLAREDDY. AGED ABOUT 43 YEARS. R/AT NO. 85, 1ST J CROSS, SHARADA COLONY, BASAVESHWARNAGAR. BENGALURU - 560 079

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…PETITIONER

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(BY SRI. NAGARAJ S. JAIN, ADVOCATE)

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AND:

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SIMON S C

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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S/O SRI. SHIVAPPA H.L, AGED ABOUT 25 YEARS, R/AT NO. 7, 3RD CROSS, KRISHNA GARDEN, RAJARAJESHWARI NAGARA, BENGALURU - 560 086.

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SRI. K.S. MURALIDHARAN S/O K SUBBA RAO, AGED ABOUT 71 YEARS, R/AT NO. 1231, 11TH MAIN, 11TH B CROSS, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BENGALURU - 560 086.

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VISHWABHARATHI HOUSE BUILDING

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2 - NC: 2025:KHC:49472 WP No. 11451 of 2025

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HC-KAR

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CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS SECRETARY NO. 35, RATHNAVILAS ROAD, BASAVANAGUDI, BENGALURU - 560 004.

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H LANKAPPA

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S/O LATE HANUMANTHAPPA

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AGED ABOUT 87 YEARS, R/AT NO. 629/E, PADMA NILAYA 2ND STAGE, 2ND MAIN VIJAYANAGAR, BENGALURU - 40

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…RESPONDENTS

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(BY SRI. DURGAPRASAD H.R, ADVOCATE FOR R1;

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SRI. VISHWAS P. KALE, ADVOCATE FOR R2;

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R3 SERVED - UNREPRESENTED;

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VIDE ORDER DATED 25.11.2025, NOTICE TO R4 IS DISPENSED WITH)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITTUION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER DATED 25.03.2025 PASSED BY THE XII ADDL CITY CIVIL AND SESSION JUDGE BENGALURU IN OS NO. 4640/2024 ON THE IA NO. 7 AS PER ANNX-A AND CONSEQUENTLY ALLOW THE SAID APPLICATION IE IA NO. 7 AS PRAYED FOR IN THE INTEREST OF JUSTICE AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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NC: 2025:KHC:49472 WP No. 11451 of 2025

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HC-KAR

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ORAL ORDER

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Heard learned counsel for the petitioner and learned counsel for the respondents.

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The counsel for the respondents has filed a memo dated 28.08.2025. In the memo he has stated that he would not have objections to allow the writ petition and to direct the Trial Court to frame additional issues as sought for in the application filed by the petitioner in I.A.No.7, wherein it is sought for framing additional issues.

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In view of the memo filed by the learned counsel for respondent no.1/plaintiff and the other respondents No.2 and 3, having been served and unrepresented and respondent No.4 being dispensed, this petition deserves to be allowed.

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