- 1 - HC-KAR CNR: KAHC010589822026 NC: 2026:KHC:46733 WP No. 26994 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. 26994 OF 2026 (GM-CPC) BETWEEN: 1. KENCHAMMA W/O KARIYANNA AGED ABOUT 54 YEARS OCC. AGRICULTURIST R/O HULITHOTTILU VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT-577501. 2. NAGARAJA S/O LATE K. OBANNA AGED ABOUT 50 YEARS 3. RANGAMMA W/O CHANDRAPPA AGED ABOUT 50 YEARS 4. NARASIMHAMURTHY S/O LATE K OBANNA @ OBANAYAKA AGED ABOUT 48 YEARS THE PETITIONERS NO. 2 TO 4 ARE OCC. AGRICULTURIST R/AT SANEKERE VILLAGE KASABA HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577501. …PETITIONERS (BY SRI.M.G. KANTHARAJAPPA., ADVOCATE) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010589822026 NC: 2026:KHC:46733 WP No. 26994 of 2026 AND: OBALAMMA D/O LATE K OBANNA @ OBANAYAKA W/O RAMANNA AGED ABOUT 60 YEARS OCC. AGRICULTURIST R/AT SANEKERE VILLAGE KASABA HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577501. …RESPONDENT 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 PRL. CIVIL JUDGE AND JMFC AT CHALLAKERE IN FDP NO. 18/2022 DATED 17.01.2026 ON IA -3 IS PRODUCED AS ANNEXURE-E TO THE WP 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 petitioners have called in question the order dated 17.01.2026 passed by the Principal Civil Judge and JMFC, Challakere (for short, ‘FDP - 3 - HC-KAR CNR: KAHC010589822026 NC: 2026:KHC:46733 WP No. 26994 of 2026 Court’) on I.A.No.3 filed under Section 10 of the CPC, in F.D.P.No.18/2022, whereby the said application has been dismissed. 2. The plaintiff filed a suit in O.S.No.28/2016 before the Principal Civil Judge and JMFC, Challakere (for short ‘Trial Court’) seeking the relief of partition and separate possession. The suit came to be decreed by a preliminary decree, where the petitioners-defendants were placed ex parte. After coming to know of the same, they filed a regular appeal before the Senior Civil Judge, Challakere (for short, ‘First Appellate Court’) in R.A.No.15/2024. During the pendency of the regular appeal, the petitioners filed an application under Section 10 of the CPC seeking stay of the final decree proceedings before the FDP Court in F.D.P.No.18/2022. The FDP Court, by order dated 17.01.2026, dismissed the application on the ground that Section 10 of the CPC is not applicable to FDP proceedings. - 4 - HC-KAR CNR: KAHC010589822026 NC: 2026:KHC:46733 WP No. 26994 of 2026 3. There is no error in the order passed by the FDP Court, as Section 10 of the CPC is not applicable to final decree proceedings. Mere pendency of the appeal against the preliminary decree, in the absence of any order of stay, does not automatically operate as a stay of the final decree proceedings. Hence, the writ petition is liable to be dismissed. 4. However, learned counsel for the petitioners submitted that liberty may be reserved to file a fresh application in accordance with law under any other provision which may be applicable. 5. In view of the above, following order is passed: ORDER a) The writ petition is dismissed. b) The order dated 17.01.2026 passed by the FDP Court on I.A.No.3 filed under Section 10 of the CPC, in F.D.P.No.18/2022 is hereby confirmed. - 5 - HC-KAR CNR: KAHC010589822026 NC: 2026:KHC:46733 WP No. 26994 of 2026 c) Liberty is reserved to the petitioners to file a necessary application before the FDP Court in accordance with law, if law so provides. d) If such an application is filed, the FDP Court is directed to consider the same in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 7