- 1 - HC-KAR NC: 2026:KHC:30861 WP No. 14734 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14734 OF 2026 (GM-CPC) BETWEEN: 1. SMT PARVATHAMMA W/O LATE R.N. BASAVARAJAPPA AGED ABOUT 77 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2. SRI. R.B. RAMESH S/O LATE R.N. BASAVARAJAPPA AGED ABOUT 59 YEARS BOTH ARE R/AT RAMPURA VILLAGE, KANAKATTE HOBLI, ARASIKERE TALUK HASSAN DISTRICT - 573 114. 3. SMT. ANUSUYA W/O PURADAPPA, AGED ABOUT 62 YEARS R/AT KALAGUNDI, KANAKATTE HOBLI, ARASIKERE TALUK HASSAN DIST - 573 114 …PETITIONERS (BY SRI. SOMASHEKHARAIAH.R.P.,ADVOCATE) AND: SMT R B GAYATHARI W/O K.C RAJASHEKHARAPPA AGED ABOUT 54 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30861 WP No. 14734 of 2026 R/AT KYATHANAHALLI VILLAGE KANAKATTE HOBLI, ARASIKERE TALUK HASSAN DIST-573 114. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTING THE TRIAL COURT NOT TO ACCEPT THE COMMISSIONER REPORT SUBMITTED ON 30.08.2025 IN FDP NO. 8/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT ARASIKERE PENDING CONSIDERATION OF THE APPLICATION FILED BY THE PETITIONERS FOR GRANT OF INTERIM ORDER IN RA NO. 82/2026 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE ARASIKERE UNDER ANNX-D AND E RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: 1. Issue writ in the nature of Mandamus directing the Trial court not to accept the Commissioner Report submitted on 30.08.2025 ಸಂ :ನಂ. .ಸ..ೕ. ... 17/24-25 in FDP No.8/ 2022 on the file of the Senior Civil Judge and JMFC, at Arasikere pending consideration of the application filed by the petitioners for grant of interim order in RA No.82/2026 on the file of the - 3 - HC-KAR NC: 2026:KHC:30861 WP No. 14734 of 2026 IInd Addl. District and Session Judge, Arasikere under Annexure-D and E respectively. 2. Issue such other order or direction as may be deemed fit to grant in the circumstance of the case. 2. The suit for partition was filed in the year 2020, i.e., O.S. No. 44/2020, on the file of the Senior Civil Judge and JMFC, Arasikere. The suit was decreed in the year 2022. Aggrieved by the same, the petitioners have preferred R.A. No. 82/2026 before the II Additional District and Sessions Judge, Arasikere, along with an application seeking condonation of delay. 3. It is the case of the petitioners that the appeal is listed before the Appellate Court for the first time on 29.06.2026. Learned counsel for the petitioners submits that since the appeal is accompanied by an application for condonation of delay, the Appellate Court would first issue notice on the delay application. In the meanwhile, a Commissioner has been appointed in FDP No. 8/2022, and if further proceedings are permitted to continue therein, it would - 4 - HC-KAR NC: 2026:KHC:30861 WP No. 14734 of 2026 cause considerable hardship. Hence, it is prayed that further proceedings before the Final Decree Court be stayed. 4. The application for condonation of delay, filed along with the appeal, is presently under consideration before the Appellate Court. At this stage, this Court is not inclined to pass any order in the matter. 5. In that view of the matter, this Court is passing the following: ORDER. i. Accordingly, the writ petition is disposed of, giving liberty to the petitioners to avail appropriate remedies as available to them in accordance with law. ii. Pending IAs., if any, in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: