- 1 - HC-KAR NC: 2026:KHC:9919 WP No. 24692 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24692 OF 2023 (GM-CPC) BETWEEN: SRI. GOVINDE GOWDA SON OF LATE JAVAREGOWDA, AGED ABOUT 70 YEARS, RESIDENT OF HAMPAPURA VILLAGE, RAMANATHAPURA HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT-573 201. …PETITIONER (BY SMT. NIRMALA JAYARAM, ADVOCATE) AND: 1. PUTTAMMA WIFE OF LATE EREGOWDA, AGED ABOUT 78 YEARS, RESIDENT OF HAMPAPURA VILLAGE, RAMANATHAPURA HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT-573 201. 2. BHUJANGA @ KARIGOWDA SON OF LATE EREGOWDA, AGED ABOUT 62 YEARS, RESIDENT OF HAMPAPURA VILLAGE, RAMANATHAPURA HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT-573 201. 3. NANJUNDEGOWDA SON OF LATE EREGOWDA, AGED ABOUT 55 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9919 WP No. 24692 of 2023 RESIDENT OF HAMPAPURA VILLAGE, RAMANATHAPURA HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT-573 201. 4. H.B. MOHANA SON OF LATE EREGOWDA, AGED ABOUT 32 YEARS, RESIDENT OF HAMPAPURA VILLAGE, RAMANATHAPURA HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT-573 201. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 24.06.2023 PASSED IN M.A.N.1/2023 BY THE LEARNED SENIOR CIVIL JUDGE AT ARKALGUD AS PER ANNEXURE-F AND ALSO ORDER DATED 17.12.2022 PASSED IN O.S.NO.236/2018, PASSED BY THE LEARNED CIVIL JUDGE AND JMFC AT ARAKALGUD AS PER ANNEXURE-E AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONERS UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 OF CODE OF CIVIL PROCEDURE AT ANNEXURE- C. 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, petitioner seeks the following reliefs: “[1] Issue a Writ of Certiorari, quashing the Order dated 24.06.2023 passed in M.A.No.1/2023 by the Learned Senior Civil Judge at Arakalgud as per Annexure-F - 3 - HC-KAR NC: 2026:KHC:9919 WP No. 24692 of 2023 and also Order dated 17.12.2022 passed in O.S.No.236/2018, passed by the Learned Civil Judge & JMFC at Arakalgud as per Annexure-E AND consequently allow the application filed by the petitioners under Order-XXXIX Rule-1 and 2 read with Section-151 of Code of Civil Procedure at ANNEXURE-C, [2] Issue any other appropriate Writ, Order or Direction as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, to meet the ends of justice and equity." 2. Though several contentions have been urged by the petitioner in the present petition, having regard to the fact that there are several contentious issues and disputed questions of fact and law that arise for consideration in the suit before the trial Court which necessarily have to be decided 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 and without being influenced by the findings and observations recorded in the impugned orders passed by the trial Court and First Appellate Court. Subject to the aforesaid - 4 - HC-KAR NC: 2026:KHC:9919 WP No. 24692 of 2023 directions and leaving open all contentions to be decided by the trial Court, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE HB List No.: 1 Sl No.: 4