- 1 - HC-KAR NC: 2026:KHC:9783 WP No. 14312 of 2025 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. 14312 OF 2025 (GM-CPC) BETWEEN: 1. SMT SIDDAMMA W/O LATE DASAPPA AGED ABOUT 85 YEARS, 2. PALAMMA W/O SANNATHIMMAPPA AGED ABOUT 85 YEARS, 3. NAGAPPA S/O GIRIYAPPARA SANNATHIMMAPPA AGED ABOUT 65 YEARS, 4. SMT PREMAMMA W/O LATE SHARANAPPA AGED ABOUT 43 YEARS, 5. ANANDA S/O GIRIYAPPARA SANNATHIMMAPPA AGED ABOUT 36 YEARS ALL ARE R/AT DUMMI GOLLARAHATTY VILLAGE HOLALKERE TALUK-577526 CHITARDURGA DIST. …PETITIONERS (BY SRI. SHIVAKUMARAPPA T.C, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9783 WP No. 14312 of 2025 AND: 1. SRI NAGARAJAPPA S/O AVALAPPA AGED ABOUT 56 YEARS, 2. SRI. CHITTAPPA S/O AVALAPPA AGED ABOUT 52 YEARS, 3. SHIVARAJA S/O LATE SHARANAPPA AGED ABOUT 26 YEARS, 4. RUDRAPPA S/O LATE SHARANAPPA AGED ABOUT 25 YEARS, 5. SIDDAMMA D/O CHITTAMMA W/O DASAPPA AGED ABOUT 76 YEARS, 6. THIMMAKKA W/O THIMMAPPARA DASAPPA AGED ABOUT 85 YEARS, 7. SIDDAMMA W/O GURUSIDDESH AGED ABOUT 65 YEARS, 8. THIMMAPPA S/O DASAPPA AGED ABOUT 61 YEARS, - 3 - HC-KAR NC: 2026:KHC:9783 WP No. 14312 of 2025 9. THIMMAKKA W/O CHITTAPPA AGED ABOUT 85 YEARS, 10. KARIYAMMA D/O CHITTAPPA W/O THIPPANNA AGED ABOUT 66 YEARS, 11. RAJAMMA W/O RAMAPPA AGED ABOUT 54 YEARS, R/AT GANGASAMUDRA VILLAGE RAMAGIRI HOBLI HOLALKERE TALUK, CHITRADURGA DIST-577526. 12. THIMMAKKA D/O HULAKAPPA W/O GIDDAPPA AGED ABOUT 75 YEARS, 13. GIRIYAPPA S/O NAGAPPA AGED ABOUT 61 YEARS, 14. THIMMAPPA S/O NAGAPPA AGED ABOUT 56 YEARS, 15. KYATHAMMA W/O PANJAPPARA GIRIYAPPA W/O JATIYAPPA AGED ABOUT 80 YEARS, - 4 - HC-KAR NC: 2026:KHC:9783 WP No. 14312 of 2025 16. KATAMMA D/O PANJAPPARA GIRIYAPPA AGED ABOUT 75 YEARS, 17. NAGENDRAPPA S/O PANJAPPARA GIRIYAPPA AGED ABOUT 55 YEARS, 18. KUBENDRAPPA S/O PANJAPPARA GIRIYAPPA AGED ABOUT 45 YEARS, 19. SIDDAMMA D/O CHITTAMMA SANNADASAPPARA GIRIYAPPARA DASAPPA, MAJOR RESPONDENTS NO.1 TO 5 AND 7 TO 19 ARE R/AT DUMMI GOLLARAHATTY VILLAGE HOLALKERE TALUK - 577526 CHITARDURGA DIST. …RESPONDENTS (BY SRI. SIDDESHWAR PRASAD S. KABBUR ADVOCATE FOR R1 AND R2; VIDE ORDER DATED 25.07.2025, NOTICE TO R3 TO R19 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF WRIT, QUASHING ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI IN O.S NO.31/2019 DATED 11.03.20254 ON I.A 11 AND 12 PRODUCED AS ANNEXURE-H TO THE WRIT PETITION. - 5 - HC-KAR NC: 2026:KHC:9783 WP No. 14312 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN’B’ GROUP, 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: a) Issue writ of certiorari or any other writ or orders or direction, in the nature of writ, quashing order passed by the learned Senior Civil Judge & JMFC, Channagiri in O.S.No..31 of 2019 dated 11.03.2025 on I.A.-11 and 12 produced as Annexure – H to the writ petition. b) Cost and such other reliefs deems fit to grant under the circumstances of the case in the interest of justice and equity. 2. After arguing the matter for sometime, learned counsel for the petitioners submits that the present petition as well as IA No. 11 & 12 may be disposed of as withdrawn, reserving liberty in favour of the petitioners to - 6 - HC-KAR NC: 2026:KHC:9783 WP No. 14312 of 2025 file fresh application before the trial Court seeking appropriate reliefs. 3. Submission is placed on record. 4. Per contra, learned counsel for the respondents submits that if the petitioners file such fresh/new application, the liberty may be reserved to the respondents to file objections to the said applications. In view of the aforesaid facts and circumstances and submissions made by both sides, I deem it just and appropriate to dispose of this petition as withdrawn, reserving liberty in favour of the petitioners to file fresh applications before the trial Court. 5. If the petitioners file such fresh application(s) before the trial Court, the trial Court shall provide an opportunity to the respondents to file objections and dispose of the said applications in accordance with law, without being influenced by the findings and observations recorded in the impugned order. - 7 - HC-KAR NC: 2026:KHC:9783 WP No. 14312 of 2025 Subject to the aforesaid directions and liberty reserved in favour of the parties and keeping open all contentions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BVK List No.: 3 Sl No.: 12