Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10515 WP No. 5604 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5604 OF 2026 (GM-CPC) BETWEEN:
1.
SMT SUBBAMMA W/O. LATE CHIKKAMALURAPPA,
AGED ABOUT 71 YEARS
(SENIOR CITIZEN NOT CLAIMED)
2.
SRL VENKATESH S/O. LATE CHIKKAMALLAPURA,
AGED ABOUT 47 YEARS
3.
SMT. ANASUYAMMA W/O. VENKATESH,
AGED ABOUT 45 YEARS
4.
SRI. K.V. SANTHOSH S/O. VENKATESH,
AGED ABOUT 27 YEARS
5.
SRI. K.V. MAHESH KUMAR S/O. VENKATESH,
AGED ABOUT 25 YEARS
ALL ARE RESIDENTS OF
KODIHALLI VILLAGE,
KONAGHATTA POST,
KASABA HOBLI,
DODDABALLAPURA TALUK …PETITIONERS (BY SRI.SUNIL S.RAO, ADVOCATE FOR SRI. T SESHAGIRI RAO., ADVOCATE) AND:
1.
SRI TANVEER KWAJA S/O. KWAJA AMEENUDDIN
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:10515 WP No. 5604 of 2026
AGED ABOUT, 43 YEARS,
R/AT NO. 307, 20TH PARALLEL ROAD,
6TH BLOCK JAYANAGAR, BANGALORE-560 082.
2.
THE SPECIAL LAND ACQUISITION OFFICER DIVISION DODDABALLAPURA
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, NRUPATUNGA ROAD, BANGALORE - 560 001 …RESPONDENTS
(BY SRI. P.V.CHANDRASHEKAR., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED
ORDER DATED 09.06.2025 ON I.A.NO.2 PASSED BY THE LEARNED TRIAL JUDGE VIZ THE PRL. CIVIL JUDGE AND JMFC DODDABALLAPURA IN OS NO. 151/2025 AND CONSEQUENTLY QUASH THE SUIT SUMMONS ISSUED BY THE LEARNED TRIAL JUDGE ISSUED ON 09.06.2025.
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, petitioner seeks the following reliefs:
“1. Issue a writ of Certiorari or any other Writ or order quashing the impugned order dated 09.06.2025 on IA no.2 passed by the learned trial judge viz., the Principal Civil Judge and JMFC, Doddaballapura in OS No.151/2025, and consequently quash the suit summons issued by the learned trial judge issued on 09.06.2025. Annexure –A.
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HC-KAR NC: 2026:KHC:10515 WP No. 5604 of 2026
2. Grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the present facts and circumstances of the case in the interest of justice and equity.”
2. Heard learned counsel for the petitioners and learned counsel for the respondent No.2 and perused the material on record.
3. After arguing the matter for sometime, learned counsel for the petitioners-defendant Nos.1 to 5 in the suit in O.S.No.151/2025 submits that the petitioners have filed an application under Order VII Rule 11 CPC seeking rejection of the plaint and the present petition may be disposed of directing the trial Court to prepone the suit from 24.03.2026 to 02.03.2026 and with a direction to the trial Court to dispose of the said application filed by the petitioners under Order VII Rule 11 CPC within a stipulated time frame.
4. The aforesaid submission is placed on record.
5. In view of the aforesaid facts and circumstances and the submission made by learned counsel for the petitioners, I deem
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HC-KAR NC: 2026:KHC:10515 WP No. 5604 of 2026
it just and appropriate to dispose of the petition by issuing certain directions. In the result, I pass the following:
ORDER
i) The petition stands disposed of.
ii) The Trial Court is directed to prepone/advance the suit from 24.03.2026 to 02.03.2026 after duly notifying the plaintiff. iii) Liberty is reserved in favour of the petitioners to file advancement/preponement application to prepone the suit from 24.03.2026 to 02.03.2026. iv) Immediately upon preponement/advancement of the suit from 24.03.2026 to 02.03.2026, the Trial Court shall consider and pass appropriate orders on application filed by the petitioners under Order VII Rule 11 CPC after hearing petitioners and plaintiff in accordance with law within a period of three weeks from
02.03.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 3 Sl No.: 88