- 1 - HC-KAR NC: 2026:KHC:10145 WP No. 5593 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5593 OF 2026 (GM-CPC) BETWEEN: 1. SRI L. SATHYANARAYANA RAO S/O. LATE R.B. LAKSHMANA RAO, AGED 65 YEARS, RESIDING AT 2ND FLOOR, 13TH CROSS, VINOBANAGAR EXTENTION, SHIVAMOGGA CITY, KARNATAKA - 577 204 2. SMT. MAHALAKSHMI BAI, W/O. LATE M.R. MANJOJI RAO, AGED ABOUT 72 YEARS RESIDING AT 2ND PHASE, 13TH CROSS, 60 FEET ROAD, VINOBANAGAR EXTENSION SHIVAMOGGA CITY, KARNATAKA - 577 204 3. SMT. D.C. NIRMALA, W/O. D. CHANDRAKANTHA, AGED ABOUT 61 YEARS, RESIDING AT HOUSE NO. 300, 2ND CROSS, 1ST STAGE, VINOBANAGAR EXTENSION SHIVAMOGGA CITY, KARNATAKA - 577 204 4. SMT. P. K. SUJATHA, W/O. M. G. CHANDRASHEKAR RAO, AGED ABOUT 52 YEARS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10145 WP No. 5593 of 2026 RESIDING AT 2ND PHASE, 13TH CROSS, 60 FEET ROAD, VINOBANAGAR EXTENSION SHIVAMOGGA CITY, KARNATAKA-577 204 5. SRI. M. NARAYANA RAO, S/O. LATE MANJOJI RAO, AGED ABOUT 79 YEARS, RESIDING AT SAGAR ROAD, GANDIKOPPA, SHIVAMOGGA CITY, KARNATAKA - 577 204 …PETITIONERS (BY SRI. RAJESH MOHALE, SENIOR COUNSEL APPEARING FOR SRI. JAYARAJ D S.,ADVOCATE) AND: M/S G P BUILDERS AND DEVELOPERS REPRESENTED BY ITS PROPRIETOR SRI. GADAGAYYA G. HIREMATH, S/O. LATE GURUPADAYYA HIREMATH, AGED ABOUT 57 YEARS, RESIDING AT NO. 130, 1ST FLOOR, MARVEL ARTIZA, VIDYANAGAR, HUBBALLI CITY, KARNATAKA 580 021 ALSO RESIDING AT GANDHINAGARA, SHIVAMOGGA CITY, KARNATAKA - 577 201 …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO(A) CALL FOR RECORDS IN AA NO. 4/2026 PENDING CONSIDERATION ON THE FILE OF THE HONBLE COURT OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA VIDE ANNEXURE -A AND ETC. - 3 - HC-KAR NC: 2026:KHC:10145 WP No. 5593 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs- (a) Call for records in AA No.4/2026 pending consideration on the file of the Hon'ble Court of III Additional District and Sessions Judge, Shivamogga vide Annexure - A. (b) Issue a writ in the nature of certiorari or any other appropriate writ or order quashing the impugned order dated 10.02.2026 passed by the Hon'ble Court of III Additional District and Sessions Judge, Shivamogga in AA No.4/2026 vie Annexure A1 and (c) Pass any other order or orders as this Hon'ble Court be pleased to pass considering the facts and circumstances of the case inclusive of costs in the interest of justice and equity. 2. Learned Senior counsel for the petitioners submits that in the aforesaid application in A.A. No.4/2026, the petitioners having filed an application, IA No.1/2026 for temporary injunction, the trial Court. declined to pass an ad interim order of temporary injunction and directed notice on the main petition to the respondents returnable by 18.02.2026 on which date the respondent entered appearance and took time to file objections and the matter is now posted on 23.02.2026. It is submitted that in view of the urgency involved in the matter since the respondents - 4 - HC-KAR NC: 2026:KHC:10145 WP No. 5593 of 2026 are putting up illegal and unauthorised construction on the subject property, the present petition may be disposed of directing the trial Court to consider and pass appropriate orders on IA No.1/2026 within a stipulated time frame. 3. Submission is placed on record. 4. Though several contentions have been urged by the petitioners in the present petition, without expressing any opinion on the merits/demerits of the said contentions or the contentions of the respondents, I deem it just and appropriate to dispose of this petition directing the trial Court to consider and pass appropriate orders on IA No.1/2026 within a period of ten days from 23.02.2026. 5. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 15