- 1 - HC-KAR CNR: KAHC010539782026 NC: 2026:KHC:43940 WP No. 24512 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24512 OF 2026 (GM-CPC) BETWEEN: SMT PREMALATHA @ LATHA CHANDAN W/O SRI. CHANDAN R., AGED ABOUT 43 YEARS, R/AT NO. 747, CHS-707, 4TH STAGE, YELAHANKA NEW TOWN, BENGALURU- 560064. AND ALSO, R/AT. NO. 27, BLOCK 7, NEXT TO SHAKTHI GANAPATHI TEMPLE, JSS LAYOUT, DR RAJKUMAR ROAD, MYSURU-570 029 …PETITIONER (BY SRI. SUNIL K N., ADVOCATE FOR SRI. NARAYANA S., ADVOCATE) AND: 1. SRI MADEGOWDA S/O LATE KALASEGOWDA, AGED ABOUT 61 YEARS, R/AT MOSAMBAYANAHALLI VILLAGE, VARUNA HOBLI, MYSURU 571311 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010539782026 NC: 2026:KHC:43940 WP No. 24512 of 2026 2. SMT. BHAGYAMMA W/O LATE. CHIKKAMADAPPA, AGED ABOUT 52 YEARS, 3. SMT. SUMA D/O LATE. LATE. CHIKKAMADAPPA, AGED ABOUT 34 YEARS, 4. SRI. MANU @ MANOHARA S/O LATE. LATE. CHIKKAMADAPPA AGED ABOUT 32 YEARS, RESPONDENT NO. 2, 3 AND 4, ARE R/AT NO. 1052, 'E' BLOCK, VIJAYANAGARA 3RD STAGE, NEAR NATURAL ICE CREAM, MYSURU 570030. 5. SRI. BASAVARAJU S/O LATE KALASEGOWDA, AGED ABOUT 56 YEARS, R/AT MOSAMBAYANAHALLI VILLAGE, VARUNA HOBLI, MYSURU 571311. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS, IF NECESSARY(B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 03.07.2026 PASSED BY THE - 3 - HC-KAR CNR: KAHC010539782026 NC: 2026:KHC:43940 WP No. 24512 of 2026 LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M, MYSORE, ON I.A.NO.1/2025 IN FDP NO. 40/2025, FILED BY THE PETITIONER UNDER SECTION 151 OF C.P.C. AT ANNEXURE-J AND THEREBY ALLOWED THE APPLICATION FILED BY PETITIONER UNDER SECTION 151 OF C.P.C. WHICH IS NUMBERED AS I.A.NO.1/2025 IN FDP NO. 40/2025 AS PRAYED FOR, AT ANNEXURE-G., AND ETC. 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 prayer: “Wherefore, the petitioner most respectfully prays that this Hon’ble Court be pleased to: a. Call for records, if necessary; b. Issue a writ of certiorari or any other appropriate writ or order or direction, quashing the impugned order dated 03.07.2026 passed by the learned III Additional Senior Civil Judge & CJM, Mysore on I.A.No.1/2025 in FDP No.40/2025 filed by the petitioner under Section 151 of CPC at Annexure-J and thereby allowed the application filed by petitioner under Section 151 of CPC which is numbered as - 4 - HC-KAR CNR: KAHC010539782026 NC: 2026:KHC:43940 WP No. 24512 of 2026 I.A.No.1/2025 in FDP No.40/2025 as prayed for, at Annexure-G; and c. Grant such other relief or reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioner submits that an ex-parte judgment and decree was passed, and the petitioner has filed a miscellaneous petition and an IA seeking a stay of the execution proceedings. The trial Court has not considered the same. Hence, the petitioner has moved the FDP Court under Section 151 CPC seeking to stay all further proceedings. That came to be dismissed by order impugned. It is submitted that unless and until the proceedings are stayed, the miscellaneous petition itself will become infructuous, and all these aspects were not considered by the trial Court. 3. As far as the order impugned is concerned, this Court is not inclined to go into the merits of the matter. However, considering the submission of the learned counsel for the petitioner, this Court is passing the following: - 5 - HC-KAR CNR: KAHC010539782026 NC: 2026:KHC:43940 WP No. 24512 of 2026 ORDER i. Accordingly, the writ petition is disposed of, directing the III Addl. Senior Civil Judge and CJM, Mysuru to dispose of I.A Nos.1 and 2 in Miscellaneous Petition No.79/2025 within a period of four weeks from the date of receipt of the copy of the order. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 37