- 1 - HC-KAR NC: 2025:KHC:34596 WP No. 8483 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8483 OF 2024 (GM-CPC) BETWEEN: 1. SMT. MAHADEVAMMA, W/O LATE MAHALINGAIAH, AGED ABOUT 61 YEARS, 2. SMT. MANJULA, D/O LATE MAHALINGAIAH AND W/O JAYARAMU, AGED ABOUT 45 YEARS, BOTH ARE RESIDING BEHIND KAVERI HIGH SCHOOL, 2ND CROSS, SHIVANANJAPPA LAYOUT, MANDYA CITY 571401. (1ST PETITIONER IS NOT CLAIMING THE BENEFIT OF SENIOR CITIZENSHIP) …PETITIONERS (BY SRI. GANGADHARAPPA A V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR ROAD, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34596 WP No. 8483 of 2024 BENGALURU 560001. 2. THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA 571401. 3. THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA 571401. 4. THE TAHSILDAR/ASSISTANT DIRECTOR OF LAND RECORDS, MANDYA TALUK, MANDYA 571401. 5. THE REVENUE INSPECTOR, KASABA 1ST CIRCLE, MANDYA TALUK, MANDYA 571401. 6. THE SPECIAL LAND ACQUISITION OFFICER, MANDYA DISTRICT, MANDYA 571401. 7. CITY MUNICIPALITY, MANDYA, REPRESENTED BY COMMISSIONER, MANDYA 571401. 8. THE MANDYA URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, MANDYA 571401. 9. THE MANDYA DISTRICT GANGA MATHASTHARA (BESTHARA) SANGHA, REPRESENTED BY ITS - 3 - HC-KAR NC: 2025:KHC:34596 WP No. 8483 of 2024 SECRETARY/MANAGER/OR ANY DESIGNATED OFFICER, 3RD FLOOR, M.V.G. BAKERY BUILDING, BESIDE KSRTC BUS STAND, MANDYA 571401. 10. THE PRESIDENT/OR IN CHARGE OF THE PRESIDENT OFFICE, MANDYA DISTRICT GANGA MATHASTHARA (BESTHARA) SANGHA, 3RD FLOOR, M.V.G. BAKERY BUILDING, BESIDE KSRTC BUS STAND, MANDYA 571401. …RESPONDENTS (BY SRI.M.RAJAKUMAR, AGA FOR R1 TO R6, SMT.VAISHALI HEGDE, ADVOCATE FOR R7; SRI.B.M.ARUN, ADVOCATE FOR R9 & R10; RESPONDENT NO.8 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19/12/2023 PASSED BY THE COURT OF ADDL. SENIOR CIVIL JUDGE AND CJM AT MANDYA ON IA NO. IV IN OS NO. 177/2021 CERTIFIED COPY WHICH IS PRODUCED AS ANNEXURE-P, BE PLEASED TO DISMISS IA NO. IV CERTIFIED COPY OF WHICH IS PRODUCED AS ANNEXURE-M AND RESTORE THE ORDER DATED 19/04/2023 PASSED ON IA NO. III CERTIFIED COPY OF WHICH IS PRODUCED AS ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:34596 WP No. 8483 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking the following prayers: "(a) A writ in nature of certiorari quashing the order dated 19/12/2023 passed by the court of Addl. Senior Civil Judge and CJM at Mandya on I.A. No.IV in O.S. No.177/2021 certified copy which is produced as ANNEXURE-P, be pleased to dismiss I.A. No.IV certified copy of which is produced as ANNEXURE-M and restore the order dated 19/4/2023 passed on I.A. No.III certified copy of which is produced as ANNEXURE-J (b) A writ of mandamus directing the Court of V Addl. District and Sessions Judge at Mandya to hear and dispose of I.A No.I in M.A. No.1/2024 and also the appeal by taking into consideration the materials produced by the petitioners before the trial court certified copies of which are produced as ANNEXURES-Q & R respectively; (c) Grant such other reliefs as the Hon'ble court deems fit in the facts and circumstances of the case, including an order as to cost of this writ petition." 2. Heard Sri.Gangadharappa A.V., learned counsel appearing for the petitioners, Sri.M.Rajakumar, learned AGA appearing for respondent Nos.1 to 6, Smt.Vaishali Hegde, learned counsel appearing for respondent No.7, Sri.B.M.Arun, learned counsel appearing for respondent Nos.9 and 10 and have perused the material on record. - 5 - HC-KAR NC: 2025:KHC:34596 WP No. 8483 of 2024 3. Owing to the plea of the petitioners, the Coordinate Bench of this Court had granted an interim order on 25.03.2024 which reads as follows: "Office objections are kept in abeyance for the present. Learned AGA accepts notice for respondents 1 to 6. Copies to be served. Issue emergent notice to respondents 7 to 10 returnable by 15.04.2024. In the meanwhile, parties are directed not to change or alter the nature or character of the suit schedule property or put up any construction thereon as depicted in the photographs as per Annexures-F, F1, F2 and F3 till the next date of hearing. Liberty is reserved in favour of the respondents to seek vacation/modification of this order." 4. An application is filed seeking stay of the order passed by the Civil Court in O.S.No.177/2021, is preferred in M.A.No.1/2024. The proceedings are still pending before the concerned Court and the application is yet to be adjudicated upon. In the interregnum, the petitioners approach this Court and the aforesaid order is passed. - 6 - HC-KAR NC: 2025:KHC:34596 WP No. 8483 of 2024 5. In the light of the pendency of the application before the First Appellate Court, I deem it appropriate to dispose the petition with a direction to the concerned Court to dispose the application I.A.No.1 filed in M.A.No.1/2024, within an outer limit of four weeks. In the light of the interim order subsisting, the same shall continue for a period of four weeks from today. 6. The parties are at liberty to seek appropriate orders before the concerned Court. 7. All contentions of the parties shall remain open to be urged before the concerned Court. Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 50