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2026 DAILYLAW 12194 (KAR)

SRI HARSHAVARDHAN v. SMT. M RATHNAMMA

WP/614/2026 · 2026-02-17

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9452 WP No. 614 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.614 OF 2026 (GM-CPC) BETWEEN: SRI. HARSHAVARDHAN S/O LATE SOMASHEKARA Y K AGED ABOUT 37 YEARS WORKING AS PANCHAYAT DEVELOMENT OFFICER DODDAHEJJUR GRAMA PANCHAYAT ANEGODU HOBLI, HUNASURU TALUK, MYSURU DISTRICT - 571 106 …PETITIONER (BY SRI. K V NARASIMHAN, ADVOCATE) AND: 1. SMT. M.RATHNAMMA W/O B N BASAVARAJU AGED ABOUT 72 YEARS, R/AT BALLENAHALLI VILLAGE BOOKANAKERE HOBLI, KRISHNARAJPETE TALUK MANDYA DISTRICT 571 812 2. BALLENAHALLI GRAMA PANCHAYATH REP. BY PANCHAYATH DEVELOPMENT OFFICER, BALLENAHALLI VILLAGE, BOOKANAKERE HOBLI, KRISHNARAJPETE TALUK MANDYA DISTRICT 571 812 …RESPONDENTS (BY SRI. SANDEEP KATTI, ADVOCATE FOR R-1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER AT ANNEXURE M DATED 25.10.2025 PASSED IN MA.NO.24/2025 BY THE LEARNED I ADDL. SENIOR Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9452 WP No. 614 of 2026 CIVIL JUDGE AND JMFC AT K.R. PET.B. ISSUE A WRIT IN THE NATURE OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE LEARNED I ADDL. SENIOR CIVIL JUDGE AND JMFC AT K.R. PET TO CONSIDER AND DISPOSE OF THE APPLICATIONS FOR STAY AND CONDONATION OF DELAY AT ANNEXURE K AND ANNEXURE L RESPECTIVELY FILED IN MA.NO.24/2025, WITHIN A TIME FRAME. 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, the petitioner seeks for the following reliefs: “A. Issue a writ in the nature of Certiorari, or any other appropriate writ, order or direction, quashing the impugned order at Annexure-M dated 25.10.2025 passed in MA No.24/2025 by the learned I Addl. Senior Civil Judge and JMFC at K.R Pet. B. Issue a writ in the nature of Mandamus, or any other appropriate writ, order or direction, directing the learned I Addl. Senior Civil Judge and JMFC at K.R Pet to consider and dispose of the applications for stay and condonation of delay at Annexure K and Annexure L respectively filed in MA No.24/2025 within a time frame. C. Grant any other and further reliefs as this Hon’ble Court Deems fit in the circumstances of the case, in the interest of justice and equity.” - 3 - HC-KAR NC: 2026:KHC:9452 WP No. 614 of 2026 2. Though, several contentions have been urged by both sides in support of their respective claims, it is a matter of record and an undisputed fact that the instant appeal in MA.No.24/2025, in which, the petitioner has filed the applications i.e., I.A.No.1 and I.A.No.2 stands posted before the First Appellate Court on 02.03.2026. 3. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions in the present petition as well as in the appeal, I deem it just and appropriate to dispose of the petition directing the First Appellate Court to consider and pass appropriate orders on I.A.No.1 and I.A.No.2 in MA.No.24/2025 within a period of two weeks from 02.03.2026. 4. It is further directed that till disposal of I.A.No.1 and I.A.No.2 by the First Appellate Court in MA.No.24/2025, the respondents shall not take any precipitative/coercive steps against the petitioner in the pending Misc.No.2/2020. - 4 - HC-KAR NC: 2026:KHC:9452 WP No. 614 of 2026 5. All rival contentions and all aspect of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE PB List No.:2 Sl No.:14