Karnataka High Court writ petition (Article 227, GM-CPC) disposed as withdrawn on a compromise memo; challenge to rejection of Order XIV Rule 5 CPC application for three additional issues in OS No. 19/2015 (Senior Civil Judge and JMFC, Nanjangud) left unadjudicated; no holdings, no cases cited, no quantum.
NC: 2025:KHC:23784 WP No. 14445 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14445 OF 2023 (GM-CPC)
BETWEEN:
SMT. SUGUNA JAYAVEERA, W/O LATE C.S.JAYAVEERA, AGED ABOUT 56 YEARS, R/AT NO.13, 11TH MAIN, 36TH ‘A’ CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU – 560 041.
…PETITIONER
(BY SRI SRINIWAS M.KULKARNI, ADVOCATE)
AND:
Digitally signed by NAGAVENI
Location: High Court of Karnataka
RESPONDENT NOS. 1 TO 3 ARE R/AT HALLIDIDDI VILLAGE, CHIKKAIAHNACHATRA HOBLI,
HC-KAR
NANJANGUD TALUK, BENGALURU – 571 302.
RESPONDENT NOS.7 AND 8 ARE R/AT BTS QUARTERS, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 041.
NC: 2025:KHC:23784 WP No. 14445 of 2023
HC-KAR
…RESPONDENTS
(BY SRI. B.SHARATH KUMAR, ADVOCATE FOR R1 TO R3; SRI. SANDEEP K., AND SRI. THOMAS PAUL, ADVOCATES FOR R4 TO R9)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 10/04/2023 PASSED IN OS NO 19/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT NANJANGUD ON AN APPLICATION FILED BY THE DEFENDANT NO.3/PETITIONER HEREIN UNDER ORDER XIV RULE 5 OF THE CODE OF CIVIL PROCEDURE (ANNEXURE-G) IN SO FAR AS IT RELATES TO THE REJECTION OF THE APPLICATION FOR THE THREE ADDITIONAL ISSUES SOUGHT FOR AND THEREBY ALLOW THE APPLICATION IN FULL AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2025:KHC:23784 WP No. 14445 of 2023
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Learned counsel appearing for the petitioner files a memo seeking withdrawal of the petition. The memo so filed reads as follows:
"That the Respondent No.4, 5 and 9 and the Petitioner have compromised the subject matter of the suit in the out of Court and Petitioner and the Respondents are going to sell the subject matter of the property in favour of the third person and as such the Respondents No.4, 5 and 9 and the Petitioner are not interested to go forward with the Petition.
Wherefore, the Respondents No.4, 5 and 9 and the Petitioner humbly pray that this Hon'ble court may be pleased to dismiss the petition in the interest of justice and equity. Hence, this memo."
In terms of memo, the petition is disposed as withdrawn.
Sd/(M.NAGAPRASANNA)
JUDGE
CBC List No.: 1 Sl No.: 26 CT:SS
1 issue framed by the court
Whether the order dated 10/04/2023 passed in OS No. 19/2015 by the Senior Civil Judge and JMFC at Nanjangud, rejecting the application under Order XIV Rule 5 CPC for the three additional issues sought, ought to be quashed and the application allowed in full.¶35
2 provisions across 2 enactments
How this case reached the court
Order dated 10/04/2023 in OS No. 19/2015 rejecting the application (Annexure-G) filed by Defendant No.3/petitioner under Order XIV Rule 5 of the Code of Civil Procedure, insofar as it related to the rejection of the application for the three additional issues sought.¶35
Senior Civil Judge and JMFC at Nanjangud · 10/04/2023
Suit OS No. 19/2015 was pending before the Senior Civil Judge and JMFC at Nanjangud.¶35
Defendant No.3 (the petitioner herein) filed an application under Order XIV Rule 5 of the Code of Civil Procedure (Annexure-G) seeking three additional issues.¶35
By the order dated 10/04/2023 the trial court rejected the application insofar as it related to the three additional issues sought.¶35
The petitioner and Respondent Nos. 4, 5 and 9 compromised the subject matter of the suit out of court and filed a memo seeking withdrawal/dismissal of the petition.¶43
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
