- 1 - HC-KAR NC: 2026:KHC:4602 WP No. 2221 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2221 OF 2026 (GM-CPC) BETWEEN: 1. SMT. SARASWATHAMMA, D/O LATE. VENKATARAMANAPPA, W/O KRISHNAPPA, AGED ABOUT 62 YEARS, R/AT AGRAHARA HOSAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK. KOLAR DIST. – 563 130 2. SMT. GOWRAMMA, D/O LATE. VENKATARAMANAPPA, W/O PILLAVENKATESHAPPA, AGED ABOUT 55 YEARS, R/O BEECHAGONDAHALLI VILLAGE, VEMAGAL HOBLI, KOLAR TALUK AND DIST. – 563 101 3. SMT. AMARAMMA D/O LATE VENKATARAMANAPPA, W/O NARAYANASWAMY, AGED ABOUT 45 YEARS. R/AT GONUR VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT – 562 110 4. SMT. NEELAMMA, D/O LATE VENKATARAMANAPPA, W/O SHIVARAM, AGED ABOUT 42 YEARS, R/AT BAGALAPURA VILLAGE, ANEKAL TALUK, BENGALURU RURAL DISTRICT – 562 104 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4602 WP No. 2221 of 2026 5. SMT. KANAKAMMA D/O LATE. VENKATARAMANAPPA, W/O REDDY, AGED ABOUT 40 YEARS, R/AT CHOLAPPANAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114 …PETITIONERS (BY SRI. GURURAJ BHAT P. B. AND SRI. NAVEENARADHYA S., FOR SRI. NARAYANA BHAT M., ADVOCATES) AND: 1. KUMAR MAHESH RAJ C. G., S/O LATE GOPALAKRISHNA, AGED ABOUT 27 YEARS, R/AT CHOLAPPANAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114 2. MASTER. SMARAN GOWDA S., S/O SONNEGOWDA, AGED ABOUT 11 YEARS, SINCE MINOR REPRESENTED BY HIS MOTHER CUM NATURAL GUARDIAN, KALAVATHI W/O SONNEGOWDA, 3. SMT. GAYITHRAMMA, D. IN-LAW/O LATE. VENKATARAMANAPPA, W/O LATE. GOPALAKRISHNAPPA, AGED ABOUT 52 YEARS, 4. SRI. SONNEGOWDA, S/O LATE VENKATARAMANAPPA, AGED ABOUT 46 YEARS, ALL RESPONDENT ARE R/AT CHOLAPPANAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:4602 WP No. 2221 of 2026 THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 03/01/2026 PASSED IN R.A. NO. 24/2023 BY THE SENIOR CIVIL JUDGE AND JMFC HOSKOTE (ANN-H) AND ETC., 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, petitioners seek the following reliefs: “a) Issue a writ of certiorari or any appropriate writ quashing the impugned order dated 03.01.2026 passed in R.A.No.24/2023 by the Senior Civil Judge & JMFC, Hoskote (Annexure-H); b) Issue a direction or any appropriate writ directing the Appellate Court to first decide the issue of maintainability and locus – standi or the appeal before considering any interlocutory applications; c) Pass such other order or relief as this Hon’ble Court deems fit in the interests of justice and equity.” 2. Heard learned counsel for the petitioners and perused the material on record. For the order proposed, notice to respondents is dispensed with. - 4 - HC-KAR NC: 2026:KHC:4602 WP No. 2221 of 2026 3. Learned counsel for the petitioners submits that the appeal filed by respondent Nos.1 and 2 in R.A.No.24/2023 is not maintainable in law and facts on account of not only the delay in filing the appeal but also the fact that the respondent Nos.1 and 2 are not parties to the judgment and decree dated 13.01.2014 passed in O.S.No.18/2010 against which, the said appeal was been preferred by them. It is submitted that the petitioner has filed detailed objections to the application for condonation of delay and that the petitioner would file objections to the main appeal urging various contentions and the First Appellate Court may be directed to consider the same and proceed further in accordance with law. 4. In view of the aforesaid facts and circumstances and submission made by the learned counsel for the petitioner, I deem it just and appropriate to dispose of the petition by issuing certain directions. In the result, I pass the following: ORDER i) The petition is hereby disposed of. - 5 - HC-KAR NC: 2026:KHC:4602 WP No. 2221 of 2026 ii) Liberty is reserved in favour of the petitioner to file objections to the main appeal and interlocutory applications and take up all contentions available to him. iii) The First Appellate Court shall consider the objections filed/to be filed by the petitioner and proceed further after hearing both the petitioner and the respondents in accordance with law and pass appropriate orders as expeditiously as possible. iv) The First Appellate Court is directed to dispose of the appeal as expeditiously as possible preferably within a period of six months from the date of receipt of copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 37