- 1 - HC-KAR NC: 2026:KHC:9046 WP No. 35784 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.35784 OF 2025 (GM-CPC) BETWEEN: SRI SHIVAPPA, S/O LATE CHANNGEGOWDA AGED ABOUT 65 YEARS, R/AT THAGADEGOWDANADODDI, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGAR DISTRICT - 562 117. …PETITIONER (BY SMT. RAMYA A S., ADVOCATE) AND: 1. SRI KUMAR S/O LATE SHIVARAMEGOWDA AGED ABOUT 63 YEARS RESIDING AT THAGADEGOWDANA DODDI VILLAGE, UYYAMBALLI HOBLI, KANAKAPURA TALUK RAMANAGR DISTRICT 562 117. 2. SRI. SAROJAMMA W/O LATE SHIVAMARIGOWDA AGED ABOUT 80 YEARS RESIDING AT THAGADEGOWDANADODDI VILLAGE UYYAMBALLI HOBLI, KANAKAPURA TALUK RAMANAGR DISTRICT 562117. …RESPONDENTS THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS AND PROCEEDINGS IN O.S.NO.185/1992 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9046 WP No. 35784 of 2025 ON THE FILE OF THE FIRST ADDITIONAL CIVIL JUDGE AND JMFC, KANAKAPURA AND ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE JUDGMENT AND DECREE DATED 26.08.2014 IN O.S.NO.185/1992 AND DISTRICT COURT JUDGMENT DATED 05.09.2023 AS BEING ILLEGAL, PERVERSE AND PASSED WIHTOUT DUE APPRECIATION OF FACTS AND LAW; ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: (i) Call for the entire records and proceedings in O.S.No.185/1992 on the file of the I Addl. Civil Judge & JMFC, Kanakapura. (ii) Issue a writ in the nature of certiorari quashing the judgment and decree dated 26.08.2014 in O.S.No.185/1992 and District Court judgment dated 05.09.2023 as being illegal, perverse and passed without due appreciation of facts and law; Annexure – A; (iii) Pass such other order/s or direction/s as this Hon’ble Court deems fit in the interest of justice and equity.” - 3 - HC-KAR NC: 2026:KHC:9046 WP No. 35784 of 2025 2. Heard learned counsel for the petitioner and perused the material on record. 3. In view of the reliefs sought for in the present petition, the same is not maintainable and hence, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to prefer an appropriate appeal before the appropriate jurisdictional Court / this Court. 4. Accordingly, petition is disposed of reserving liberty in favour of the petitioner to prefer an appeal before the appropriate jurisdictional Court / this Court. 5. If such an appeal is filed by the petitioner within a period of six weeks from today, the petitioner would be entitled to the benefit of Section 14 of the Limitation Act. 6. Registry is directed to return back the papers / documents to the learned counsel for the petitioner immediately without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 20