- 1 - HC-KAR NC: 2025:KHC:35670 WP No. 12675 of 2023 C/W WP No. 3827 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12675 OF 2023 (GM-CPC) C/W WRIT PETITION NO. 3827 OF 2021 (LB-RES) IN WP No. 12675/2023 BETWEEN: SMT YASHODAMMA W/O. LATE NINGARAJEGOWDA AGED ABOUT 69 YEARS, OCC- AGRICULTURAL LABOUR, R/AT - KARKAHALLII VILLAGE, MENASAGERE POST, C.A. KERE HOBLI, MADDURU TALUK, MANDYA DISTRICT - 571 422. …PETITIONER (BY SRI. BASAVAIAH C., ADVOCATE) AND: SRI PUTTASWAMY S/O. LATE SHIVANNA, AGED ABOUT 67 YEARS, OCC- AGRICULTURALIST, R/AT- KARKAHALLI VILLAGE, MENSAGERE POST, C.A. KERE HOBLI, MADDURU TALUK. MANDYA DISTRICT - 571 422. …RESPONDENT (BY SRI. ABHINAY Y.T., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35670 WP No. 12675 of 2023 C/W WP No. 3827 of 2021 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF WRIT OF MANDAMUS TO THE APPELLATE COURT FOR AWAITING THE JUDGEMENT OF THIS HONBLE COURT IN WP NO 3827/2021 (LB-RES) VIDE ANNEXURE-C IN THE PETITIONERS CASE FILED AGAINST THE ORDER OF THE ZILLA PANCHAYATH VIDE ANNEXURE-B IN ZPMAP NO 59/2010-11 DTD 02/02/2021 NO. 22/2021 PENDING CONSIDERATION BEFORE THE SENIOR CIVIL JUDGE COURT AND MACT, MADDURU AS PER ANNEXURE-D IN THE PETITIONERS PETITION AND ETC. IN WP NO. 3827/2021 BETWEEN: SMT. YASHODAMMA W/O LATE NINGERAJEGOWDA AGED ABOUT 60 YEARS OCC-AGRICULTURAL LABOUR R/AT KARKAHALLI VILLAGE MENASAGERE C A KERE HOBLI MADDURU TALUK MANDYA DISTRICT-571422. ...PETITIONER (BY SRI. BASAVAIAH C., ADVOCATE) AND: 1. THE PRESIDENT ZILLA PANCHAYATH - 3 - HC-KAR NC: 2025:KHC:35670 WP No. 12675 of 2023 C/W WP No. 3827 of 2021 OFFICE OF THE ZILLA PANCHAYATH MANDYA TALUK AND DISTRICT MANDYA - 571 401. 2. THE PRESIDENT TALUK PANCHAYATH OFFICE OF THE TALUK PANCHAYATH MADDURU TALUK MANDYA DISTRICT - 571 422. 3. THE SECRETARY OFFICE OF THE ANNURU GRAMAPANCHAYITHI MADDURU TALUK MANDYA DISTRICT - 571 422. 4. SRI. PUTTASWAMY S/O LATE SHIVANNA AGED ABOUT 60 YEARS OCC-AGRICULTURIST R/AT KARKAHALLI VILLAGE MENASAGERE, C A KERE HOBLI MADDURU TALUK MANDYA DISTRICT - 571 422. ...RESPONDENTS (BY SRI. ABHINAY Y.T., ADVOCATE FOR R4 R2 AND R3 ARE SERVED AND UNREPRESENTED) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH OR SET ASIDE THE ORDER OF THE R-1 IN APPEAL DATED 20.02.2019 AS PER ANNEXURE-H1 PASSED BY THE PRESIDENT, ZILLA PANCHAYATH, OFFICE OF THE ZILLA PANCHAYATH, MANDYA, AGAINST THE PETITIONER AND IN FAVOUR OF THE R-4 WITHOUT BEING CONSIDER AND REFER THE ORDER OF THE R-2 DTD 12.11.2010 AS PER - 4 - HC-KAR NC: 2025:KHC:35670 WP No. 12675 of 2023 C/W WP No. 3827 of 2021 ANNEXURE-G AND ETC. THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Both these petitions are intertwined owing to the facts and commonality of the parties to the lis. Writ petition No.3827/2021 is a companion petition to W.P.No.12675/2023. Therefore, it becomes necessary to notice the prayers sought in both the petitions. Prayer sought in W.P.No.12675/2023: “(a) Issue an order of writ of mandamus or direction in the nature of writ of mandamus to the Appellate Court for awaiting the judgement of this Hon'ble Court in W.P. No.3827/2021 (LB RES) vide Annexure - C in the Petitioner's case filed against the order of the Zilla Panchayath vide Annexure-B in ZPMAP no: 59/2010-11 dated 02.02.2019 in the appeal proceedings in R.A. No. 22/2021 pending consideration before the Senior Civil Judge Court and MACT, Madduru, as per Annexure-D, in the Petitioner's petition. (b) To pass such other order or writ as this Hon'ble Court deems fit to grant in facts and circumstances of the Petitioner's petition, in the interest of justice and equity.” - 5 - HC-KAR NC: 2025:KHC:35670 WP No. 12675 of 2023 C/W WP No. 3827 of 2021 Prayer sought in W.P.No.3827/2021: “a. To quash or set-aside the order of the 1st respondent in appeal No 4.f.¥À.ªÀÄ C¦üÃ®Ä ¸ÀASÉå 59/2010-11 dtd.02-02-2019 as per Annexure H-1 passed by the president, Zilla Panchayath, office of the Zilla Panchayath, Mandya, against the petitioner and in favour of the 4th respondent without being consider and refer the order of the 2nd respondent in UÁæ. ¥À. C¦üÃ®Ä ¸ÀASÉå 27/2009-10 dtd. 12-11-2010 as per Annexure-G. b. To direct the 4th respondent not to interfere with the possession and enjoyment of the schedule site property of the petitioner as per Annexure - C to E. c. To pass such other Order or Writ as this Hon'ble Court deems fit to grant in facts and circumstances of the petition, in the interest of justice and equity.” 2. Heard Shri Basavaiah C., learned counsel appearing for the common petitioner and Shri Abhinay Y.T., learned counsel appearing for the respondent in W.P.No.12675/2023 and respondent No.4 in W.P.No.3827/2021. 3. Facts in brief, germane, as follows: The prayer in W.P.No.12675/2023 is for a direction to the appellate Court to await the order that would be passed by this Court in W.P.No.3827/2021, which is preferred against the - 6 - HC-KAR NC: 2025:KHC:35670 WP No. 12675 of 2023 C/W WP No. 3827 of 2021 order passed by the Zilla Panchayat, Mandya, on 02.02.2019. The prayers sought in both the petitions are already quoted hereinabove for quick reference. 4. The petitioner is the plaintiff in O.S.No.192/2010, who suffers a judgment, challenges the said judgment before the first appellate Court in R.A.No.22/2021. During the subsistence of the regular appeal, certain orders are passed by the Municipal Authorities. In the interregnum, the plaintiff files an appeal before the first appellate Court and also files another writ petition in W.P.No.12675/2023 seeking stay of all further actions, till this Court would decide W.P.No.3827/2021, which was filed seeking direction against the proceedings initiated by the revenue authorities or the Zilla Panchayat as the case would be. The petitioner who suffered the judgment in O.S.No.192/2010 has challenged the same before the first appellate Court and the matter is pending consideration. 5. The proceedings in W.P.No.12675/2023 has sprang on account of the judgment that the petitioner has suffered in O.S.No.192/2010. Therefore, all the proceedings between the - 7 - HC-KAR NC: 2025:KHC:35670 WP No. 12675 of 2023 C/W WP No. 3827 of 2021 parties will have to await the order that would be passed in R.A.No.22/2021. 6. In the light of the appeal pending adjudication before the first appellate Court in R.A.No.22/2021, the parties are at liberty to urge all the contentions before the first appellate Court that they have now urged before this Court and shall await the decision of the first appellate Court in in R.A.No.22/2021. 7. In the light of the submission and the contra submissions leading to the order to await the decision of the first appellate Court in R.A.No.22/2021, no proceedings that would prejudice to the rights of the petitioner shall be taken. Therefore, in the fitness of things, the parties are directed to maintain status quo, till then. 8. With the aforesaid observation, the petitions stand disposed. 9. In the light of the pendency of the appeal before the First Appellate Court in R.A.No.22/2021, for the last four years, I deem it appropriate to infuse finality into the - 8 - HC-KAR NC: 2025:KHC:35670 WP No. 12675 of 2023 C/W WP No. 3827 of 2021 proceedings with a direction to the concerned Court to dispose the appeal, within an outer limit of six months from the date of receipt of a copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY/nvj List No.: 1 Sl No.: 0