- 1 - HC-KAR NC: 2026:KHC:1757 WP No. 745 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 745 OF 2026 (GM-CPC) BETWEEN: MRS. KAMALAMMA W/O B. M. KALASE GOWDA, AGED ABOUT 55 YEARS, RESIDING AT BANNAGADI VILLAGE, CHINNAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT – 571 455. …PETITIONER (BY SRI. AJIT P. B., ADVOCATE) AND: MR. SWAMI GOWDA SINCE DECEASED REPRESENTED BY LRs, 1. MRS. THAYAMMA, W/O LATE CHELUYE GOWDA, AGED ABOUT 78 YEARS, 2. B.S.THYAGARAJU S/O LATE SWAMY GOWDA, AGED ABOUT 38 YEARS, 3. B.S.HEMANT KUMAR S/O LATE SWAMY GOWDA, AGED ABOUT 36 YEARS RESPONDENT NO.1 TO 3 ARE RESIDING AT BANNAGADI VILLAGE, CHINNAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT – 571 455 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1757 WP No. 745 of 2026 4. KALASEGOWDA S/O MARIGOWDA, AGE IS UNKNOWN (MAJOR), BANNAGADI VILLAGE CHINNAKURALI HOBLI PANDAVAPURA TALUK MANDYA DIST – 571 455 …RESPONDENTS (BY SRI. T. P. VIVEKANANDA, ADVOCATE FOR C/R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 05.01.2026 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, PANDAVAPURA, IN EX. 97/2009 AT ANNEXURE-G ISSUE DELIVERY WARRANT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: a) To set aside the impugned order dated 05.01.2026 passed by the Prl. Civil Judge and JMFC., Pandavarapura, in Ex.97/2009 at Annexure-G issue delivery warrant. b) To pass such other order as deemed fit to be granted in the facts and circumstances of the case. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:1757 WP No. 745 of 2026 3. Learned counsel for the petitioner and learned counsel for the respondent jointly submits that since the petitioner has already filed an appeal in R.A.No.1/2026, which is posted before the First Appellate Court on 06.02.2026, in which the petitioner has filed an application for stay, the present petition may be disposed of directing the First Appellate Court to prepone/advance R.A.No.1/2026 from 06.02.2026 to 17.01.2026 and by directing the First Appellate Court to consider and pass appropriate orders on I.A.No.1 for stay filed by the petitioner within a stipulated time frame. 4. The aforesaid submission is placed on record. 5. In view of the aforesaid submission, the petition deserves to be disposed of by issuing certain directions. In the result, I pass the following: ORDER i) The petition stands disposed of in view of the aforesaid joint submission made by both sides. - 4 - HC-KAR NC: 2026:KHC:1757 WP No. 745 of 2026 ii) The First Appellate Court before whom R.A.No.1/2026, is pending, is directed to prepone/advance the appeal from 06.02.2026 to 17.01.2026. iii) The First Appellate Court is directed to consider and pass appropriate orders on the application for stay filed by the petitioner in R.A.No.1/2026 within a period of 2 weeks from 17.01.2026. iv) It is further directed that till the disposal of the stay application filed by the petitioner in R.A.No.1/2026 by the First Appellate Court, all further proceedings in Execution No.97/2009 shall remain in abeyance. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 3