- 1 - HC-KAR CNR: KAHC010568602022 NC: 2026:KHC:44149 W.P. No.24673/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.24673/2022 (GM-CPC) BETWEEN: 1. SRI. H.S. MALLIKARJUNA S/O H.S. NANJUNDAPPA DEAD BY HIS LR’S. SMT. H.S. PARVATHI W/O LATE H.S. MALLIKARJUNA AGED 50 YEARS. 2. H.S. SHANKAR S/O LATE MALLIKARJUNA AGED 25 YEARS. 3. H.S. GIRISH S/O LATE MALLIKARJUNA AGED 23 YEARS. ALL ARE R/AT : LOWER HUTHA BLOCK NO 456, B H ROAD BHADRAVATHI SHIVAMOGGA DIST 577201. …PETITIONERS (BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR SRI. H.N. BASAVARAJU, ADV.,) AND: 1. SMT. DEVAMMA W/O KEMPAIAH AGED 55 YEARS. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010568602022 NC: 2026:KHC:44149 W.P. No.24673/2022 2. SRI. K. BALU S/O KEMPAIAH AGED 29 YEARS. BOTH ARE R/AT II WARD LOWER HUTHA BHADRAVATHI TOWN SHIMOGA DIST 577201. 3. JAFARULLA KHAN S/O LATE H. ABDUL SATTAR SAB AGED ABOUT 46 YEARS R.O CHAMEGOWDA AREA BHADRAVATHI SHIVAMOGA DIST.-577245. 4. SMT. H.S. MAHALAKSHMI D/O LATE H.S. MALLIKARJUNA AGED ABOUT 30 YEARS RESIDENT OF LOWER HUTHA BLOCK NO.456, B H ROAD BHADRAVATHI SHIVAMOGGA DIST.577425. …RESPONDENTS (BY SRI. M.R. HIREMATHAD, ADV., FOR R1 R2 SERVED R3 SERVED V/O/DTD:10.10.2025, NOTICE TO R4 IS D/W) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS RELATING TO O.S. NO.02/2008 FROM THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT BHADRAVATHI AND RELATING TO M.A. NO.5002/2022 FROM THE COURT OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI. QUASH OR SET ASIDE THE ORDER PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE , SHIVAMOGGA, SITTING AT - 3 - HC-KAR CNR: KAHC010568602022 NC: 2026:KHC:44149 W.P. No.24673/2022 BHADRAVATHI DATED 12.10.2022 IN M.A. NO.5002/2022 AS PER ANNXURE – G & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed seeking for the following reliefs: a) Call for records relating to O.S.No.02/2008 from the Court of the Additional Senior Civil Judge & JMFC at Bhadravathi and relating to M.A.No.5002/2022 from the Court of the IV Additional District and Sessions Judge, Shivamogga, sitting at Bhadravathi. b) Quash or set aside the order passed by the IV Additional District and Sessions Judge, Shivamogga, sitting at Bhadravathi dated 12.10.2022 in M.A.No.5002/2022 as per Annexure- G. c) Consequently restore the order passed by the learned Additional Senior Civil Judge & JMFC at Bhadravathi dated 28.02.2022 in O.S.No.02/2008 on I.A.No.14 as per Annexure-E. - 4 - HC-KAR CNR: KAHC010568602022 NC: 2026:KHC:44149 W.P. No.24673/2022 2. Sri.M.R.Rajagopal, learned Senior counsel, on instructions from Sri.H.N.Basavaraju, learned counsel appearing for the petitioner, submits that the petitioners who are the legal heirs of the defendant No.2 will not alienate the suit schedule property during the pendency of the suit. The learned Senior counsel appearing for the petitioner further submits that recording the aforesaid submission, the writ petition may be disposed of. 3. In view of the aforesaid submission, without adjudicating on the correctness of the impugned order, the writ petition is disposed of by recording the submission of the petitioners that they would not alienate the suit schedule property during the pendency of the suit. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 0