- 1 - HC-KAR NC: 2026:KHC:9909 WP No. 10484 of 2023 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. 10484 OF 2023 (GM-CPC) BETWEEN: SRI PATEL DYAVARASEGOWDA @ DYAVARASEGOWDA, S/O PATE KENGEGOWDA, AGED ABOUT 85 YEARS, R/O BHARATIPURA VILLAGE, SANTHEBACHAHALLI HOBLI, KRISHNARAJPET TALUK, MANDYA DISTRICT 571 401. …PETITIONER (BY SRI RAJA L, ADVOCATE) AND: SRI NANJUNDEGOWDA, S/O SINGRIGOWDA, AGED ABOUT 77 YEARS, R/O BHARATIPURA VILLAGE, SANTHEBACHAHALLI HOBLI, KRISHNARAJPET TALUK, MANDYA DISTRICT 571 401. …RESPONDENT (BY SRI NANDEESHA K.R., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 17TH DECEMBER 2022, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, KRISHNARAJAPETE, IN I.A.NO.1 IN MISC.APPEAL NO.3/2012 VIDE ANNEXURE-M ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9909 WP No. 10484 of 2023 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: a) Issue Writ of certiorari quashing the impugned order dated 17th December 2022, passed by the Senior Civil Judge and JMFC, Krishnarajapete in I.A No.1 in Misc. Appeal No.3/2012 vide Annexure-M; b) And also passed by the Civil Judge & J.M.F.C Krishnarajapere, in O.S No.284/2011 dated 18th November 2011 in I.A. No.1, vide Annexure-L; c) Pass any appropriate Writ, Order or direction as deemed fit by this Hon'ble Court under facts and circumstances of the case in the interest of justice and equity" 2. When the matter came up before this Court on 29.05.2023, the following order was passed. "Issue emergent notice to the respondent returnable by 19.06.2023.” 3. A perusal of the material on record will indicate that there are several contentious issues and disputed questions of law and fact that require adjudication only after a full-fledged trial. - 3 - HC-KAR NC: 2026:KHC:9909 WP No. 10484 of 2023 4. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, it is deem it just and appropriate to dispose of this petition directing the trial Court to dispose of the suit as expeditiously as possible and preferably within a period of six months from the date of receipt of a copy of this order, without being influenced by the findings and observations recorded in the impugned orders passed by the trial Court and First Appellate Court. 5. Accordingly, writ petition is disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE PB List No.: 3 Sl No.: 0