HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 25528 OF 2025 (GM-CPC)

C/W WRIT PETITION NO. 25438 OF 2025 (GM-CPC)

IN WP No. 25528/2025 BETWEEN:

SRI T. BASAPPA S/O. LATE SRI T. SIDAPPA AGED ABOUT 67 YEARS RESIDING AT NO.1120, 3^RD CROSS TARALABALU EXTENSION DAVANAGERE - 577 004.

PRESENT ADDRESS NO.1778A/1, 1^ST MAIN ROAD, 1^ST CROSS VIDYANAGARA VINAYAKA BADAVANE DAVANAGERE - 577 005.

…PETITIONER (BY SRI P.D. SURANA, ADVOCATE)

Digitally signed by AND:

GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH SRI V.A.SHRIHARSHA Location: HIGH S/O. V. S. ARUNACHALA SHETTY COURT OF AGED ABOUT 53 YEARS KARNATAKA RESIDING AT NO.4140, SRIVARI

5^TH CROSS, KUVEMPU NAGARA M.C.C. “B” BLOCK, DAVANAGERE - 577 004.

…RESPONDENT (BY SRI P.P. HEGDE, SENIOR ADVOCATE FOR SRI VIVEKANANDA N., ADVOCATE)

HC-KAR THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS IN O.S.NO.138/2023 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANGERE IN SO FAR AS IT RELATES TO SCHEDULE PROPERTIES MENTIONED HEREUNDER SHOWN AS SCHEDULE-D PROPERTIES IN THE PLAINT IN O.S.NO.138/2023 IN ANNEXURE-B AND CONSEQUENTLY QUASH THE PROCEEDINGS INITIATED IN THE SAID SUIT BY FILING I.A.NO.2 UNDER ORDER XXXIX RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE VIDE ANNEXURE-D AND CONSEQUENTLY QUASH THE ORDER MADE ON I.A.NO.2 (APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE) DATED-27.04.2024 IN 0.S NO.138/2023 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANGERE VIDE ANNEXURE-F AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.

IN WP NO. 25438/2025 BETWEEN:

SRI T. BASAPPA S/O LATE SRI T.SIDAPPA AGED ABOUT 67 YEARS RESIDING AT NO.1120, 3^RD CROSS TARALABALU EXTENSION DAVANAGERE - 577 004.

PRESENT ADDRESS NO.1778A/1, 1^ST MAIN ROAD

1^ST CROSS, VIDYANAGARA VINAYAKA BADAVANE DAVANAGERE - 577 005.

...PETITIONER (BY SRI P.D. SURANA, ADVOCATE)

AND:

1. SRI K. RAGHAVENDRA RAO HC-KAR S/O. LATE KALINGAPPA @ KALINGARAO AGED ABOUT 53 YEARS RESIDING AT NO.3742, 14^TH CROSS SIDDAVEERAPPA LAYOUT DAVANAGERE - 577 004.

2. SRI B.C. JAYAPRAKASH S/O. B.V. CHANNAVEERA REDDY AGED ABOUT 54 YEARS RESIDING AT NO.1079, 1^ST MAIN TARALABALU EXTENSION DAVANAGERE - 577 004.

...RESPONDENTS (BY SRI P.P. HEGDE, SENIOR ADVOCATE FOR SRI VIVEKANANDA N, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS IN O.S.NO.325/2023 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANGERE IN SO FAR AS IT RELATES TO SCHEDULE PROPERTIES MENTIONED HEREUNDER SHOWN AS SCHEDULE-B PROPERTY IN THE PLAINT IN O.S.NO.325/2023 IN ANNEXURE-C AND CONSEQUENTLY QUASH THE PROCEEDINGS INITIATED IN THE SAID SUIT BY FILING I.A.NO.2 UNDER ORDER XXXIX RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE VIDE ANNEXURE-E AND CONSEQUENTLY QUASH THE ORDER MADE ON I.A.NO.2 (APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE) DATED 27.04.2024 IN O.S.NO.325/2023 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANGERE VIDE ANNEXURE-G AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.

THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

HC-KAR CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard Sri P.D.Surana, learned counsel for petitioner and Sri P.P.Hegde, learned Senior Counsel appearing on behalf of Sri N.Vivekanada for respondents.

2. These two petitions are taken up for consideration and disposal with the consent of learned counsels for parties.

3. Parties to the petitions shall be referred to as per their status before the trial Court.

4. The petitioners in these petitions are the defendant and defendant No.1 in O.S.Nos.138/2023 and 325/2023 respectiv