- 1 - HC-KAR NC: 2026:KHC:602 WP No. 12 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12 OF 2026 (GM-CPC) BETWEEN: 1. SARASWATHI W/O LATE DHARANESH AGED ABOUT 66 YEARS RESIDING AT TAMALAPURA VILLAGE, CHIKKAMMA DODDAMMA TEMPLE, KASABA HOBLI, HASSAN – 573 201 2. VINAY GANDHI S/O LATE T. T. KARIGOWDA AGED ABOUT 62 YEARS GANDHI LAW CHAMBERS, NO. 170, VCN COMPLEX, 1ST MAIN, SESHADRIPURAM, BENGALURU – 560 020 …PETITIONERS (BY SRI. SRINIVAS S. V., ADVOCATE) AND: 1. SMT. RAMAMANI AGED ABOUT 58 YEARS W/O PUTTARAJU, R/O KIRAGADLU KOPPALU, KIRAGADALU POST, ALUR TALUK, HASSAN DISTRICT – 573 201 2. SMT. T. K. PREMA AGED ABOUT 56 YEARS, W/O H R ANNASWAMY, R/AT NO. 1518, SALAGAME ROAD, HASSAN – 573 201 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:602 WP No. 12 of 2026 3. SMT. NAGARATHNA AGED ABOUT 54 YEARS W/O LAXMEGOWDA R/AT NORTHERN EXTENSION, HASSAN – 573 201 4. SRI KRISHNEGOWDA AGED ABOUT 74 YEARS S/O LATE TT KARIGOWDA R/AT NEAR CHRISTIAN CONVENT, BESIDES RING ROAD, HASSAN – 573 201 5. SRI DHARNISHA (DEAD BY LRS) H. D. BHAGYA W/O LATE DHARNISHA AGED ABOUT 75 YEARS 6. T. D. CHANDAN S/O LATE DHARNISHA AGED ABOUT 43 YEARS BOTH R/AT C/O H.S DODDAIAH, 3RD CROSS, VALLABAI ROAD, HASSAN – 573 201 7. SMT. SHANTHA LAXMI ALIAS SHANTHAMMA AGED ABOUT 68 YEARS, W/O SANJEEVGOWDA, R/AT HEMAVATHINAGAR, OPP. YATHINDRA CONVENT, HASSAN – 573 201 8. DYAVAMMA AGED ABOUT 76 YEARS, W/O LATE THIMMEGOWDA, D/O T. T. KARIGOWDA, MANACHANAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT – 573 201 …RESPONDENTS (BY SMT. SRUTI CHAGANTI, ADVOCATE FOR C/R3; NOTICE TO OTHER RESPONDENTS ARE DISPENSED WITH) - 3 - HC-KAR NC: 2026:KHC:602 WP No. 12 of 2026 THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 18.12.2025 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, AT HASSAN, IN O.S. NO. 3/2010, WHEREBY THE LEARNED TRIAL JUDGE HAS CLOSED THE STAGE FOR ARGUMENTS AND POSTED THE MATTER FOR JUDGMENT, WHICH IS PRODUCED AS ANNEXURE-A, AND CONSEQUENTLY PERMIT THE PETITIONERS TO ARGUE THE CASE ON MERITS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “i) Issue a writ in the nature of certiorari or any other appropriate writ or direction setting aside the order dated 18.12.2025 passed by the II Addl. Senior Civil Judge and JMFC, at Hassan, in O.S.No.3/2010, whereby the learned Trial Judge has closed the stage for arguments and posted the matter for judgment, which is produced as Annexure-A, and consequently permit the Petitioners to argue the case on merits. ii) Grant such other relief/s as this Hon’ble Court may deem fit in the circumstances of the case.” 2. Heard learned counsel for the petitioners and learned counsel for respondent No.3 and perused the material on record. 3. After arguing the matter for sometime, learned counsel for the petitioners on instructions submits that on 18.12.2025, the - 4 - HC-KAR NC: 2026:KHC:602 WP No. 12 of 2026 Trial Court dismissed I.A.No.76 and 77 filed by the petitioners and posted the matter to 08.01.2026 for pronouncement of judgment. It is submitted that the petitioner would not submit his arguments on merits and as such, the impugned order dated 18.12.2025 directing the matter to be reserved for pronouncement for judgment may be set aside and the petitioner may be provided an opportunity to make submissions on merits and thereafter, the Trial Court may be directed to proceed further, in accordance with law. 4. Per contra, learned counsel for the respondents submits that there are series of orders, adjournments etc., passed by this Court directing conclusion of proceedings, despite that the petitioner is not co-operating with the same and as such, no indulgence can be shown to the petitioner and hence, the present petition is liable to be dismissed. 5. Though several contentions have been urged by both sides in support of their respective claims, insofar as the impugned order dated 18.12.2025 dismissing the I.A.Nos.76 and 77 is concerned, in the light of the specific submission made on behalf of the petitioner that the limited request sought for by the petitioners is - 5 - HC-KAR NC: 2026:KHC:602 WP No. 12 of 2026 for an opportunity to address arguments before the Trial Court, I deem it just and appropriate to dispose of the petition by adopting a justice oriented approach and partly setting aside the impugned order dated 18.12.2025 to the limited/restricted extent of posting the matter for pronouncement of judgment and direct the petitioners to complete his arguments on the next date of hearing before the Trial Court without seeking any adjournment under any circumstances, whatsoever. 6. In the result, I pass the following: ORDER (i) The petition is partly allowed. (ii) The impugned order dated 18.12.2025 passed by the Trial Court rejecting the applications, I.A.Nos.76 and 77 filed by the petitioners are hereby confirmed in view of the submission made in this regard on behalf of the petitioner. (iii) However, the impugned order dated 18.12.2025 posting/reserving the matter for judgment is hereby set aside and the Trial Court is directed to permit the petitioners to submit arguments on merits on the - 6 - HC-KAR NC: 2026:KHC:602 WP No. 12 of 2026 next date of hearing of the suit by posting the same on 12.01.2026. (iv) The petitioners are directed to complete the final arguments on 12.01.2026 without seeking adjournment under any circumstances whatsoever. (v) Liberty is reserved in favour of the respondents to submit reply arguments on 12.01.2026. (vi) Immediately upon the petitioners and respondent completing their arguments on merits, the Trial Court shall proceed to pronounce judgment on merits and in accordance with law, as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 79