Disposed¶¶41

Shri M K Sumanth Urs v. Shri Lokesh

Civil Procedure – Order XIV Rule 5 r/w Section 151 CPC

Karnataka HC21 Jan 2026WP/25186/2024

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What is this about?

W.P. No.25186/2024 (GM-CPC), High Court of Karnataka, decided 21.01.2026 by Vijaykumar A. Patil J. Challenge to order dated 27.04.2024 of Senior Civil Judge and JMFC, Mysuru in O.S.No.82/2019 dismissing IA No.3 under Order XIV Rule 5 r/w Section 151 CPC seeking preliminary issue on maintainability. Maintainability issue already pending in CRP.No.885/2024 (Order VII Rule 11(a),(d) r/w S.151 CPC limitation rejection). Petition disposed of with liberty to urge all grounds in pending CRP.

What did the court decide?

Writ petition disposed of with liberty to the petitioners to urge all grounds in the pending CRP.No.885/2024; no substantive direction issued on the impugned order dated 27.04.2024. ¶¶41

Shri M K Sumanth Urs Vs Shri Lokesh — Writ and Judicial Review | Karnataka HC (2026)

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1 - NC: 2026:KHC:3297 W.P. No.25186/2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.25186/2024 (GM-CPC)

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BETWEEN:

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SHRI. M.K. SUMANTH URS S/O LATE M.N. KRISHNE URS AGED ABOUT 50 YEARS.

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Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka

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SHRI. M.K. JAYANTH URS S/O LATE M.N. KRISHNE URS AGED ABOUT 65 YEARS.

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SMT. M.V. GOWRAMMANI W/O LATE A.S. VEERAJE URS AGED ABOUT 88 YEARS.

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LATE M.V. LALITHAMMANI REPRESENTED BY LR'S [PETITIONER NO.4 & 5 HEREIN].

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SHRI. VINOO URS S/O LATE B.P. MALLARAJE URS AGED ABOUT 66 YEARS.

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ALL ARE R/OF NO.921 KANTHARAJA URS ROAD LAKSHMIPURAM, MYSURU-570004.

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PETITIONER NO.2, 3 AND 4 ARE REP. BY THEIR SPA HOLDER SHRI. M.K. SUMANTHA URS [PETITIONER NO.1 HEREIN].

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SHRI. MANOO URS S/O LATE B.P. MALLARAJE URS

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2 - NC: 2026:KHC:3297 W.P. No.25186/2024

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HC-KAR

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AGED ABOUT 64 YEARS R/OF NO.921, KANTHARAJA URS ROAD LAKSHMIPURAM, MYSURU-570004. PETITIONER NO.5 IS REP. BY HIS GPA HOLDER SHRI. B.N. SATHISH S/O LATE NARASIMHE GOWDA AGED ABOUT 46 YEARS OCC : BUSINESS R/AT NO.41/1, 6A 12TH CROSS, RAMANUJA ROAD KILLE, MOHALLA, MYSURU CITY-570004.

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…PETITIONERS

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(BY SRI. G.A. SRIKANTE GOWDA, ADV.,)

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AND:

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SHRI. LOKESH S/O LATE V. VEERABHADRAIAH AGED ABOUT 49 YEARS R/AT. GEJJEGALLI VILLAGE MANTAKALLI POST, KASABA HOBLI MYSURU TALUK-571311.

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…RESPONDENT

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND PROCEED OF THE CASE THIS HON'BLE COURT BE PLEASED TO EXERCISE ITS SUPERVISORY JURISDICTION AND TO PASS APPROPRIATE JUDGMENT AND ORDER SETTING ASIDE THE ORDER DTD 27.4.2024 (ANNX-H) PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC MYSURU IN OS NO. 82/2019 IN DISMISSING IA NO. 3(ANNX-G) & ETC.

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

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NC: 2026:KHC:3297 W.P. No.25186/2024

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

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This writ petition is filed seeking following reliefs:

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"a) Setting aside order dated 27.04.2024 [Annexure-H] passed by the learned Senior Civil Judge and JMFC, Mysuru, in O.S.No.82/2019, in dismissing IA.No.3 [Annexure-G].

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b) Pass appropriate order/direction, to allow application IA.No.3 filed under Order XIV Rule 5 r/w Section 151 of CPC [Annexure-G] on the file of learned Senior Civil Judge and JMFC, Mysuru, in O.S.No.82/2019.

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c) Pass any other appropriate order or direction that be deemed fit under the facts and circumstances of the case in the interest of justice and equity."

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Sri.G.A.Srikante Gowda, learned counsel

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appearing for the petitioners submits that the present writ petition is filed challenging the order dated 27.04.2024 passed in O.S.No.82/2019 by the Senior Civil Judge and JMFC, Mysuru, wherein the trial Court has rejected the request of the petitioners to frame a preliminary issue with regard to the maintainability of the suit. It is further submitted that the petitioners thereafter, had filed an application under Order VII Rule 11(a) and (d) r/w Section 151 of Code of Civil Procedure, 1908 seeking rejection of

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4 - NC: 2026:KHC:3297 W.P. No.25186/2024

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HC-KAR

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the plaint on the ground of limitation, which came to be rejected, and the same has been assailed in CRP.No.885/2024, which is pending consideration of this Court.

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Learned counsel for the petitioners fairly submits that the issue with regard to the maintainability of the suit is already being adjudicated in the CRP No.885/2024. Hence, he seeks to dispose of the petition by permitting the petitioners to contest the said proceedings on merits.

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In view of the above submissions, this writ petition is disposed of, making it clear that the petitioners are entitled to urge all the grounds in the pending CRP.No.885/2024.

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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ABK

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List No.: 1 Sl No.: 10

Shri M K Sumanth Urs v. Shri Lokesh

Case brief

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Shri M K Sumanth Urs v. Shri Lokesh

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