- 1 - HC-KAR NC: 2026:KHC:5356 WP No. 5709 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5709 OF 2023 (GM-CPC) BETWEEN: 1. SMT.VENKAMMA W/O LT NARAYANA GANIGA AGED 73 YEARS R/O MADA GANIGARA MANE UPPUNDA VILLAGE KUNDAPURA TALUK UDUPI DISTRICT 571430 (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. ANANTHAPADMANABHA G N, ADVOCATE) AND: 1. SMT.YASHODA S W/O LT NARAYANA GANIGA AGED 59 YEARS R/O BAYAM HOTHLU TARIBERU OF UPPUNDA VILLAGE KUNDAPURA TALUK UDUPI DISTRICT 571430 …RESPONDENT (BY SRI. K SHRIHARI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN PREVIOUS O.S.NO. 434/2017N ON THE FILE OF PRL. CIVIL JUDGE AND JMFC., KUNDAPURA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5356 WP No. 5709 of 2023 PRESENT O.S.NO. 393/2023 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, BYNDOORU, AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in OS No.434/2017 is directed against the impugned order dated 14.08.2018 passed on IA No.3 by the trial Court which was confirmed by the first appellate Court in MA No.16/2018 dated 30.01.2023. Even in the present petition, there is no interim order operating between the parties as on today. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that the issues in controversy between the parties would necessarily have to be adjudicated upon only after full fledged trial, without expressing any opinion on the merits/de-merits of the rival contentions, I deem it just and appropriate to dispose of this petition by directing the trial Court to dispose of the suit as expeditiously as possible on merits and in accordance with - 3 - HC-KAR NC: 2026:KHC:5356 WP No. 5709 of 2023 law, without being influenced by the findings and observations recorded in the impugned orders passed by the trial Court and first appellate Court. Subject to the aforesaid directions and keeping open all contentions to be decided by the trial Court, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 0