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2026 DAILYLAW 10161 (KAR)

SMT M V SHAMALA v. SRI MAHESH R C

WP/753/2026 · 2026-02-09

S R Krishna Kumar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:7636 WP No. 753 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.753 OF 2026 (GM-CPC) BETWEEN: 1. SMT. M.V. SHAMALA W/O LATE N.R.D. RANGAPPA, AGED ABOUT 85 YEARS, 2. SMT. R. RAJANI RANGAPPA W/O BHARATH BHUSHAN, D/O LATE N.R.D RANGAPPA AGED ABOUT 41 YEARS, 3. KUM. ARNAV S/O BHARATH BHUSHAN, AGED : MINOR, 4. AKSHAJ SAI BHARATH S/O BHARATH BHUSHAN, AGED : MINOR, ALL RESIDING AT DOOR NO.08, RANGADEEP, 1ST CROSS, 18TH BLOCK, SBM COLONY, NEAR AMRUTH BAKERY, MYSURU CITY, 2ND STAGE SRIRAMPUIRA, MYSURU-570034. (PETITIONER NO.3 AND 4 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN I.E. THEIR MOTHER PETITIONER NO.2) …..PETITIONERS (BY SRI. ANOOP HARANAHALLI, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7636 WP No. 753 of 2026 AND: 1. SRI MAHESH R C S/O RAMACHANDRAIAH, AGED ABOUT 51 YEARS, RESIDING AT DOOR NO.2084, CH-21, 4TH CROSS, ASHOKAPURAM, CHAMARAJA MOHALLA, MYSURU - 570 004. 2. SRI. A.S. RAVIKUMAR S/O SIDDALINGASHETTY, AGED ABOUT 52 YEARS, RESIDING AT DOOR NO.70/A, M. BLOCK, KUVEMPUNAGAR, MYSURU - 570 023. AND PRESENTLY RESIDING AT #1166, 3RD CROSS, LALITHADRI ROAD, C AND D BLOCK, KUVEMPUNAGAR, MYSURU - 570023. 3. DISTRICT REGISTRAR MYSURU DISTRICT, NEW DISTRICT COMMISSIONER OFFICE, SIDDARTHA NAGAR, MYSURU - 570 006. …RESPONDENTS (BY SRI. ASHOK G.V. ADVOCATE FOR R1 & R2; SMT. HEMALATHA V., AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 13.06.2025 PASSED IN O.S.No.825/2025 BY THE 1ST ADDL. SENIOR CIVIL JUDGE CJM, MYSURU AT ANNEXURE-A AND CONSEQUENTLY DISMISS THE APPLICATION FILED UNDER ORDER 39 RULE 1 AND 2 AT ANNEXURE-E. - 3 - HC-KAR NC: 2026:KHC:7636 WP No. 753 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) To issue a writ of certiorari to quash the impugned order dated 13.06.2025 passed in O.S.No.825/2025 by the I Addl. Senior Civil Judge & CJM, Mysuru, at Annexure-A; and consequently dismiss the application filed under Order 39 Rule 1 & 2 at Annexure-E. b) To pass any other such orders this Hon'ble Court deems fit in the facts and circumstances of the case." 2. Heard learned counsel for the petitioners/defendants and respondents/plaintiffs and learned Additional Government Advocate for respondent No.3/defendant No.5. 3. After arguing the matter for sometime, learned counsel for the petitioners submits that they may be permitted to withdraw the affidavit and the Trial Court may be directed to prepone the suit from 11.06.2026 to any earlier date during the week commencing 16.02.2026 and dispose of I.A.No.1 for temporary injunction within a stipulated time. - 4 - HC-KAR NC: 2026:KHC:7636 WP No. 753 of 2026 4. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition by issuing directions to the trial Court and to the parties. 5. In the result, I pass the following: ORDER (i) Writ petition is disposed of. (ii) The Trial Court before whom O.S.No.825/2025 is pending is directed to prepone/advance the suit from 11.06.2026 to a date to any convenient date during the week commencing 16.02.2026. (iii) Liberty is reserved in favour of the parties to seek application for preponement/ advancement of the suit as stated supra. (iv) Immediately upon the suit being preponed from 11.06.2026 to any convenient date during the week commencing 16.02.2026, the Trial Court shall consider and pass appropriate orders on I.A.No.1 within a period of one month from the date to which the suit is preponed. (v) All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the same. - 5 - HC-KAR NC: 2026:KHC:7636 WP No. 753 of 2026 (vi) The affidavit filed by the petitioners in the present petition stands withdrawn and no reliance can be placed upon the said affidavit by the respondents. (vii) Parties are directed to cooperate with the trial Court for expeditious disposal of I.A.No.1. Sd/- (S.R.KRISHNA KUMAR) JUDGE MR