- 1 - HC-KAR NC: 2025:KHC:26272 WP No. 13693 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 13693 OF 2019 (GM-CPC) BETWEEN: 1. PRABHA POOJARTHI 38 YEARS, D/O SEETHA POOJARTHI 2. RAMA MOOLYA 71 YEARS, S/O KADYA MOOLYA PETITIONERS ARE RESIDING AT BILIYARU, DURGA NAGARA, KURKAL VILLAGE, UDUPI TALUK & DISTRICT - 576 101. …PETITIONERS (BY SRI. VYASA RAO K.S, ADVOCATE) AND: INDIRA. L SALIAN 85 YEARS, W/O LATE LALAJI SALIAN MATADANGADI UDYAVARA VILLAGE, UDUPI TALUK & DISTRICT REPRESENTED BY HER GPA HOLDER U RATHNAKAR, 75 YEARS, S/O M K SRINIVAS D NO.3-1 (1) "SHRISONS" Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:26272 WP No. 13693 of 2019 KOLA MALPE - 576 108 KODAVOOR VILLAGE, UDUPI DISTRICT. …RESPONDENT (BY SRI. S.K. ACHARYA, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 1.3.2019 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND JMFC, UDUPI ON IA N.1 IN O.S.NO.499/2016 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER In this writ petition, petitioners are seeking for the following relief: "i. Issue a writ in the nature of certiorari quashing the impugned order Annexure-A dated 01.03.2019 passed by the III Addl. Civil Judge and J.M.F.C., Udupi on I.A.No.1 in O.S.No.499/2016. - 3 - HC-KAR NC: 2025:KHC:26272 WP No. 13693 of 2019 ii. Grant such other and further reliefs as this Hon'ble Court deems fit to grant under the circumstances of cases, in the interest of justice." 2. Sri. Vyasa Rao K.S., learned counsel appearing for petitioners submits that in view of specific Bar under Sections 132 and 133 of the Karnataka Land Reforms Act, 1961, the suit filed by the respondent is not maintainable. Hence, filed an application seeking to stay the further proceedings. However, the Trial Court under the impugned order rejected the said application. 3. Per contra, Sri. S.K.Acharya, learned counsel appearing for respondent submits that subject matter of the suit property with regard to the tenancy issue has attained finality in WP.No.43207/1993 c/w WP.No.43218/1993 filed by petitioner No.2 herein, which was dismissed. 4. Being aggrieved by the aforesaid order, WA.No.99/2001 is filed by petitioner No.2 herein and the said appeal is also came to be dismissed. - 4 - HC-KAR NC: 2025:KHC:26272 WP No. 13693 of 2019 5. In effect, the tenancy rights claimed by petitioners have been rejected and the subject matter of the suit property has attained finality. 6. In view of the aforesaid submission, I am of the considered view that, the present writ petition is required to be disposed off by upholding the impugned order of the Trial Court. 7. It is open for the Trial Court to consider the suit on its merits and in accordance with law. Sd/- (VIJAYKUMAR A. PATIL) JUDGE PHM List No.: 1 Sl No.: 16