- 1 - HC-KAR NC: 2026:KHC:8004 WP No. 15038 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15038 OF 2025 (GM-CPC) BETWEEN: 1. PRUTHIVIRAJ S/O. PHUKRAJ JI, AGED ABOUT 63 YEARS, R/O. 1ST FLOOR, LAKSHMI NIVAS, ASSAR MOHALLA, CHITRADURGA -577 501. 2. BABULAL VASRAJ JI PATIYAT, S/O. VASARAJ JI, AGED ABOUT 64 YEARS, R/O. 1ST FLOOR, LAKSHMI NIVAS, ASSAR MOHALLA, CHITRADURGA -577 501. …PETITIONERS (BY SRI. H S SANTHOSH, ADVOCATE) AND: 1. RAM PAL RAWAT AGED ABOUT 45 YEARS S/O FAKIRE RAWAT R/AT PURANI BASTI KHURRAM NAGAR BIKASH NAGAR P.O. GUZIPUR PS, LUCKNOW UTTAR PRADESH-226022. 2. AYESHA JHULKA, W/O A K MOHAMMED NAWAZ, AGED ABOUT 40 YEARS, R/O 6TH CROSS, NEHRU NAGAR, SAGARA CITY - 577 401. …RESPONDENTS (BY SRI. BRIJESH PATIL, ADVOCATE FOR R1; Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8004 WP No. 15038 of 2025 SRI. PRUTHVI WODEYAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE IMPUGNED ORDER DATED 07-05-2025 PASSED BY THE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, SHIMOGA IN V.O.S NO. 1/2025 ON I.A. NO. 2, VIDE ANNEXURE –AA 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, the petitioners seek the following reliefs: “(a) Call for records which ultimately resulted in passing of the impugned order dated 07.05.2025 passed by the Court of the Principal District and Sessions Judge, Shimoga in V.O.S.No.1/2025 on I.A.No.2, vide Annexure-‘AA’ and (b) Issue writ in the nature of certiorari to quash the impugned order dated 07.05.2025 passed by the Court of the Principal District and & Sessions Judge, Shimoga in V.O.S.No.1/2025 on I.A.No.2, vide Annexure-‘AA’ and consequently allow the application I.A.No.2 filed by the petitioner; (c) Pass such other orders as may be deemed appropriate under the circumstances of the case, in the ends of justice and equity.” - 3 - HC-KAR NC: 2026:KHC:8004 WP No. 15038 of 2025 2. Heard learned counsel for the petitioners and learned counsel for respondent No.1 and perused the material on record. 3. Though several contentions have been urged by both sides in support of their respective claims, it is an undisputed fact as borne out from the material on record that the applications I.A. Nos.2 and 3 filed by the petitioner-plaintiff for temporary injunction are still pending consideration before the Trial Court and the same have not been disposed of even till today. 4. Under these circumstances without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the Trial Court to prepone/advance the suit from 12.03.2026 to 18.02.2026 with a direction to the Trial Court to dispose of the applications, I.A.Nos.2 and 3, within a period of one month from that day. 5. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The Trial Court is directed to prepone/advance the suit from 12.03.2026 to 18.02.2026. - 4 - HC-KAR NC: 2026:KHC:8004 WP No. 15038 of 2025 (iii) Liberty is reserved in favour of both parties to file application for preponement/advancement from 12.03.2026 to 18.02.2026. (iv) The Trial Court shall dispose of I.A.Nos.2 and 3, in accordance with law, within a period of one month from 18.02.2026. (v) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 11