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2026 DAILYLAW 1472 (KAR)

CHANDRASHEKAR RAO v. CHIEF JUDICIAL MAGISTRATE AND SENIOR CIVIL JUDGE

WP/1298/2024 · 2026-03-03

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13007 WP No. 1298 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1298 OF 2024 (GM-RES) BETWEEN: 1. CHANDRASHEKAR RAO S/O BHOJA RAO AGED ABOUT 69 YEARS R/AT BAILUJADDU HOUSE NEAR INDUSTRIAL AREA KARKALA - 574 104. REP BY HIS SPA HOLDER SRI. RAGHAVENDRA RAO S/O CHANDRASHEKAR RAO AGED ABOUT 39 YEARS R/AT HOUSE NO.399/91 14TH MAIN, MC LAOUT 18TH CROSS, BENGALURU-560040. …PETITIONER (BY SRI. SRIKANTH .V.K, ADVOCATE [ABSENT]) AND: 1. CHIEF JUDICIAL MAGISTRATE AND SENIOR CIVIL JUDGE KARKALA CIVIL COURT KARKALA TALUK UDUPI - 574 104. 2. REGISTRAR GENERAL HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13007 WP No. 1298 of 2024 SAMPANGI RAMNAGAR BANGALORE-560 001. …RESPONDENTS (BY SMT. B.V. VIDYULATHA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE VIDE ANNEXURE-C ORDER DATED 11/09/2023 IN R.A. 11/2016 AND DIRECTING THE RESPONDENT TO GIVE ORDERS TO JURISDICTIONAL POLICE OFFICIALS TO REGISTER FIR AGAINST THE ALLEGED ADVOCATES AND START THE INVESTIGATION WITH IMMEDIATE EFFECT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking following reliefs: "1) Issue a writ of certiorari to respondents by setting aside the vide Annexure-C order dated 11.09.2023 in R.A. No.11/2016 and directing the respondent in give orders to Jurisdictional police officials to register FIR against the alleged advocates and start the investigation with immediate effect. 2) To give directions to Registrar general and administrative judge of Udupi to take appropriate actions against respondent for acting highly arbitrarily and for failure to take any actions against alleged advocates for violating decorum of court and for assaulting SPA holder and for allowing advocates to put their - 3 - HC-KAR NC: 2026:KHC:13007 WP No. 1298 of 2024 signatures in order sheet without any proper cause. 3) Issue any other writ, order or direction as this Hon'ble Court deems fit and proper relief's as this Hon'ble court deems it and proper under the circumstances of this case;" 2. This writ petition arises out of proceedings in a pending Regular Appeal in R.A. No.11/2016 filed under Section 96 of the Code of Civil Procedure, 1908, calling in question the judgment and decree passed by the Trial Court. At the outset, this Court is constrained to observe that the very institution of the present writ petition is wholly misconceived. The order dated 11.09.2023, which is sought to be assailed, does not disclose any adjudication of rights nor does it record any determination adversely affecting the legal interests of the petitioner. The said order merely reflects that the appellate Court, while attempting to proceed with the hearing of the appeal, was compelled to adjourn the matter and post it for final arguments on 13.09.2023. Even assuming that the petitioner was aggrieved by such an order, the nature of - 4 - HC-KAR NC: 2026:KHC:13007 WP No. 1298 of 2024 the grievance, if at all maintainable, could only have been examined within the limited scope of supervisory jurisdiction under a GM (CPC) petition. Instead, the petitioner has chosen to invoke the extraordinary writ jurisdiction of this Court seeking sweeping directions against the Presiding Officer of the appellate Court and even against the Administrative Judge, alleging arbitrariness and impropriety in the conduct of judicial proceedings. Such pleadings, which virtually cast aspersions on the functioning of a judicial officer without any lawful basis, reflect a disturbing tendency on the part of the litigant to misuse the process of the Court. 3. A careful perusal of the order sheet dated 11.09.2023 reveals a rather unfortunate state of affairs. The order sheet clearly records that when the appellate Court was insisting upon the learned counsel appearing for the petitioner to advance arguments in the appeal, the GPA holder of the petitioner repeatedly interfered in the proceedings and is stated to have used abusive and - 5 - HC-KAR NC: 2026:KHC:13007 WP No. 1298 of 2024 derogatory language against the Court. The order further indicates that several unwarranted and intemperate remarks were made against the Presiding Officer, conduct which, prima facie, bordered on contempt of Court. Instead of permitting the counsel on record to assist the Court in adjudicating the appeal on merits, the GPA holder appears to have indulged in disruptive behaviour and hurled baseless allegations against the Court. Faced with such a situation, the appellate Court, instead of initiating immediate coercive proceedings, appears to have exercised restraint and merely adjourned the matter to enable the petitioner’s counsel to proceed with final arguments on the next date of hearing, i.e., 13.09.2023. The impugned order therefore only reflects the unfortunate conduct of the petitioner’s representative during the course of the hearing and does not disclose any judicial determination capable of being challenged under Article 226 of the Constitution. The present writ petition, which seeks to project the Court below as having acted - 6 - HC-KAR NC: 2026:KHC:13007 WP No. 1298 of 2024 arbitrarily, is therefore not only devoid of any legal foundation but also demonstrates a clear attempt to divert attention from the improper conduct exhibited before the appellate Court. Therefore, the order impugned does not warrant interference. Accordingly, the writ petition is dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 20