- 1 - HC-KAR CNR: KAHC010571282026 NC: 2026:KHC:46736 WP No. 26033 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 26033 OF 2026 (GM-CPC) BETWEEN: SMT.SHASHIKALA W/O BASAVARAJAPPA D/O LATE SHIVAPPA AGED ABOUT 46 YEARS R/AT KONDAPURA VILLAGE TALYA HOBLI, HOLALKERE TALUK NOW R/AT MANANGI VILLAGE KASABA HOBLI, CHITRADURGA TALUK AND DISTRICT-57701. …PETITIONER (BY SRI. M.G. KANTHARAJAPPA., ADVOCATE) AND: SRI. NAGESHAPPA S/O LATE SIDDALINGAPPA AGED ABOUT 76 YEARS OCC. AGRICULTURIST R/AT KONDAPURA VILLAGE TALYA HOBLI, HOLALKERE TALUK CHITRADURGA DISTRICT-577501. …RESPONDENT (BY SRI.S N JAMEER, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION AND QUASH THE ORDER PASSED BY THE LEARNED 1ST ADDL. DISTRICT AND SESSIONS JUDGE AT CHITRADURGA IN MA. NO. 17/2025 DATED 27/06/2026 PRODUCED AS ANNEXURE-H Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010571282026 NC: 2026:KHC:46736 WP No. 26033 of 2026 AND LEARNED SENIOR CIVIL JUDGE AND JMFC, AT HOLALKERE IN O.S. NO.54/2021 DATED 08/07/2025 ON IA.NO.7 PRODUCED AS ANNEXURE - C TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-defendant has called in question the order dated 27.06.2026 passed by the I Additional District and Sessions Judge, Chitradurga (for short ‘First Appellate Court’) in M.A.No.17/2025, whereby the order dated 08.07.2025 passed by the learned Senior Civil Judge and JMFC, Holalkere (for short ‘Trial Court’) in O.S.No.54/2021 on I.A.No.VII filed under Order XL Rule 1 read with Section 151 of CPC has been confirmed. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The respondent-plaintiff filed a suit in O.S.No.54/2021 before the Trial Court seeking for relief of - 3 - HC-KAR CNR: KAHC010571282026 NC: 2026:KHC:46736 WP No. 26033 of 2026 specific performance of contract. After issuance of suit summons, the defendant appeared and filed written statement. During the pendency of the suit, the plaintiff has filed I.A.No.VII filed under Order XL Rule 1 read with Section 151 of CPC seeking for appointment of the plaintiff as receiver. The Trial Court by order dated 08.07.2025 allowed the I.A.No.VII filed by the plaintiff under Order XL Rule 1 of CPC by appointing the Deputy Tahsildar of Talya Hobli, Holalkere Taluk as receiver. Being aggrieved by the same, petitioner-defendant filed an appeal before the First Appellate Court in M.A.No.17/2025. The First Appellate Court by order dated 27.06.2026 dismissed the appeal by confirming the order passed by the Trial Court dated 08.07.2025. Being aggrieved by the same, the petitioner- defendant is before this Court. 4. The suit is one for specific performance of the contract. During the pendency of the suit, the plaintiff filed I.A.No.VII under Order XL Rule 1 read with Section 151 of - 4 - HC-KAR CNR: KAHC010571282026 NC: 2026:KHC:46736 WP No. 26033 of 2026 the CPC, seeking appointment of a receiver. The Trial Court, by order dated 08.07.2025, allowed the application and appointed the Deputy Tahsildar of Talya Hobli as receiver. The said order has been confirmed by the First Appellate Court. Be that as it may, the suit is now posted for evidence. At this stage, having regard to the fact that the suit itself is pending consideration before the Trial Court, I am of the opinion that no interference is called for in the impugned orders. However, it would be appropriate to direct the Trial Court to proceed with the suit and dispose of the same as expeditiously as possible, in accordance with law. 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the suit in O.S.No.54/2021, in accordance with law and as expeditiously as possible, not later than six - 5 - HC-KAR CNR: KAHC010571282026 NC: 2026:KHC:46736 WP No. 26033 of 2026 months from the date of receipt of certified copy of this order, provided there is no order of stay of the said proceedings granted by any Court of law. c) Parties are directed to co-operate for early disposal of the suit. d) Till the disposal of the suit, the order impugned herein will continue. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 5