- 1 - HC-KAR NC: 2026:KHC:9456 WP No. 10562 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.10562 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-571401. (SENIOR CITIZEN NOT CLAIMED) …PETITIONER (BY SRI. RAJA L., ADVOCATE) AND: 1. JAYARAMEGOWDA SINCE DEAD BY HIS LRS SMT. LAKSHMAMMA, W/O LATE JAYARAMEGOWDA AGED ABOUT 72 YEARS, R/O BHARATIPURA VILLAGE, SANTHEBACHAHALLI HOBLI, KRISHNARAJPET TALUK, MANDYA DISTRICT – 571 401. 2. SMT. SHOBHA W/O MAHESHGOWDA, AGED ABOUT 55 YEARS, R/O YALLADAHALLI VILLAGE, SANTHEBACHAHALLI HOBLI, KRISHNARAJPET TALUK, MANDYA DISTRICT – 571 401. Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9456 WP No. 10562 of 2023 3. SMT. S. BABY, W/O SURESH, AGED ABOUT 52 YEARS, R/O BHARATIPURA VILLAGE, SANTHEBACHAHALLI HOBLI, KRISHNARAJAPET TALUK, MANDYA DISTRICT – 571 401. …RESPONDENTS (BY SRI.NANDEESHA.K.R, ADVOCATE FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DTD 17TH DEC 2022, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, KRISHNARAJAPETE, IN I.A.NO.1 IN MISC.APPEAL NO.1/2021 VIDE ANNEXURE-M AND ALSO PASSED BY THE CIVIL JUDGE AND JMFC, KRISHNARAJAPETE, IN O.S.NO. 285/2011 DTD 18TH NOV 2011 IN I.A.NO.1, VIDE ANNEXURE-L AND ETC., 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 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 LA.No.1 in Misc.Appeal No.1/2012 vide Annexure- M; b) And also passed by the Civil Judge & J.M.F.C., Krishnarajapete, in O.S.No.285/2011 dated 18th November, 2011 in L.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. - 3 - HC-KAR NC: 2026:KHC:9456 WP No. 10562 of 2023 2. When the matter came up before this Court on 29.05.2023, the following interim order was passed. "Issue emergent notice to the respondents returnable by 23.06.2023 Petitioner is permitted to serve learned counsel appearing for the respondents before the Trial Court. In the meanwhile, both parties are directed to maintain status quo in all respects as on today in relation to the suit schedule property till the next date of hearing. Liberty is reserved in favour of the respondents to seek modification/vacation of this order. List along with W.P.No.10484/2023." 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. 4. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any - 4 - HC-KAR NC: 2026:KHC:9456 WP No. 10562 of 2023 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. It is further directed that till the disposal of the suit as stated supra, the aforesaid interim order passed by this Court shall continue to remain in force and operate between the parties without prejudice to their rights and contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE PB List No.: 3 Sl No.: 2