- 1 - HC-KAR NC: 2026:KHC:8975 WP No. 34733 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34733 OF 2025 (GM-CPC) BETWEEN: 1. SRI. THIMMAIAH S/O LATE VENKATAPPA, AGE ABOUT 78 YEARS 2. SRI ANANTA S/O THIMMAIAH AGE BOUT 54 YEARS 3. SRI HARIKUMAR S/O ANANTA AGE BOUT 29 YEARS 4. SRI NAGESH S/O LATE THAMMAIAH AGE ABOUT 51 YEARS ALL ARE R/A GIDDENAHALLI, KALLUBALU POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DISTRICT – 560 105 …PETITIONERS (BY SRI. SHIVAKUMAR V., ADVOCATE) AND: SWAMI VIVEKANANDA YOGA ANUSANDANA SAMSTHANA DEEMED UNIVERSITY ESTABLISHED U/S 3 OF UGC ACT REGD OFFICE AT #1, EKANTH BHAVAN, GAVIPURAM CIRCLE, KEMPEGOWDA NAGAR BANGALORE – 560 019 REP. BY ITS AUTHORIZED SIGNATORY NAMELY PROF. S. SIVA SANKARA SAI. …RESPONDENT Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8975 WP No. 34733 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, OR ANY OTHER WRIT OR ORDER SETTING ASIDE / QUASHING THE IMPUGNED ORDER DT.16.06.2025 PASSED BY THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL IN M.A NO. 25/2025 VIDE ANNEXURE-A, AND CONSEQUENTLY BE PLEASED TO CONFIRM THE ORDER DATED 22.03.2025 DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC IN O.S.NO.437/2024 PASSED BY THE HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC AT ANEKAL. 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, petitioners seek the following reliefs: a) Issue a writ of Certiorari, or any other writ or order setting aside quashing the impugned order dt.16.06.2025 passed by the Hon'ble Principal Senior Civil Judge and JMFC, Anekal in M.A No. 25/2025 vide Annexure-A, and consequently be pleased to confirm the order dated 22.03.2025 dismissing the I.A.No.1 filed under order 39 rule 1 and 2 of CPC in O.S.No.437/2024 passed by the Hon'ble Principal Civil Judge and JMFC at Anekal. b) Pass such other orders as this Hon'ble Court deems fit in the facts and circumstances of the case, by allowing the above writ petition, in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:8975 WP No. 34733 of 2025 2. Heard learned counsel for the petitioners and perused the material on record. For the order proposed, notice to respondent is dispensed with. 3. Though several contentions have been urged by the petitioners in the present petition, having regard to the material on record which indicates that the issues in controversy between the parties would necessarily have to be decided by the trial Court only after a full-fledged trial, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the trial Court to dispose of the suit as expeditiously as possible, without being influenced by the findings and observations recorded by the First Appellate Court and the trial Court. 4. Accordingly, the petition is disposed of with a direction to the trial Court to dispose of the suit as expeditiously as possible, without being influenced by the findings and observations recorded by the First Appellate Court and the trial Court. - 4 - HC-KAR NC: 2026:KHC:8975 WP No. 34733 of 2025 5. All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 39