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2026 Supreme(Online)(Kar) 1623

THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR
SRI. SHANTHKUMAR – Appellant
Versus
SRI. NARYANASWAMY – Respondent
WP 8593/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 8593 OF 2025 (GM-CPC)

BETWEEN:

SRI. SHANTHKUMAR S/O MUNEGOWDA AGED ABOUT 55 YEARS R/A CHIKKARALAGERE VILLAGE, SULIBELE HOBLI, HOSKOTE TOWN BANGALORE RURAL DISTRICT – 562 129.

…PETITIONER (BY SRI. AJAY.R.A, ADVOCATE)

AND:

SRI. NARYANASWAMY S/O LATE GOPALAPPA SINCE DEAD BY HIS LR'S

1. SMT BAGYAMMA W/O LATE NARAYANSWAMY AGED ABOUT 59 YEARS Digitally signed by CHANDANA 2. SRI GOPAL GOWDA N B M S/O LATE NARAYANSWAMY Location: High AGED ABOUT 22 YEARS Court of Karnataka 3. SRI M.N. GAGAN KUMAR S/O LATE NARAYANSWAMY AGED ABOUT 18 YEARS RESIDING AT:

MUTHAKADAHALLI VILLAGE KAYVARA HOBLI CHINTHAMANI TALUK CHIKKABALAPURA 563 130.

4. SRI MANJUNATH S/O LATE GOPALAPPA AGED MAJOR RESIDING AT:

MUTHAKADAHALLI VILLAGE KAYVARA HOBLI, CHINTHAMANI TALUK CHIKKABALAPURA 563 130.

5. SMT NARAYANAMMA D/O GOPALAPPA AGED MAJOR R/A THIMMASANDRA VILLAGE KONAPPANAHALLI POST CHINTHAMANI TALUK CHIKKABALLAPURA – 563 125. 6. SMT. SARASWATHAMMA D/O GOPALAPPA AGED MAJOR R/A SANNAPALLI VILLAGE KASHATAPALLI POST SRINIVASAPURA TALUK KOLAR DIST-563 135.

…RESPONDENTS (BY SRI. S.SURESH KUMAR, ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO QUASH, QUASHING THE IMPUGNED ORDER DATED 17-01-2025 PASSED BY THE LD SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE IN MA NO 24/2022 PRODUCED AT ANNEXURE-A AND CONSEQUENTLY CONFIRM THE ORDER DATED 14- 07-2021 PASSED BY THE ADDL CIVIL JUDGE AND JMFC, HOSAKOTE IN OS NO 131/2015 PRODUCED AT ANNEXURE-F.

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:-

“ i) TO ISSUE a Writ of Certiorari or any other appropriate Writ, Order or direction to quash, quashing the impugned order dated: 17.01.2025 passed by the Ld. Senior Civil Judge & JMFC, Hosakote in MA No.24/2022 produced at Annexure –A and consequently confirm the order dated: 14.07.2021 passed on I.A.No. 1 & 2 by the Addl.Civil Judge and JMFC, Hosakote, in OS No.131/2015 produced at Annexure-F.

ii) TO GRANT such other or further relief/s that this Hon’ble Court may deem fit and proper, in the facts and circumstances of this case, including the cost of this proceedings, in the interest of justice and equity.”

2. After arguing the matter for some time, learned counsel for the petitioner and learned counsel for the respondents jointly submit that the petition may be disposed of directing the trial court to dispose of the suit in O.S.No.131/2015 within a stipulated timeframe by directing the parties to maintain status-quo in all respects as on today in relation to the suit schedule property till disposal of the suit. The said joint submission is placed on record.

3. Accordingly, the petition stands disposed of directing the trial court to dispose of O.S.No.131/2015 in accordance with law within a period of six months from the date of receipt of a copy of this order. All rival contentions between the parties are kept open and no opinion is expressed on the same. The trial court shall dispose of the aforesaid suit without being influenced by the orders passed on I.A.Nos.1 and 2 by the trial court and the impugned order passed by the 1st appellate court. Parties are directed to co-

operate with the trial court for expeditious disposal of the suit.

Sd/-

(S.R.KRISHNA KUMAR)

JUDGE Srl.

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