Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:4301 WP No. 8018 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 8018 OF 2024 (GM-CPC) BETWEEN:
SRI. KADIRA GANAPATHY AGED ABOUT 72 YEARS, S/O LATE UTHAPPA PARANE VILLAGE AND POST MADIKEREI TALUK KODAGU DISTRICT - 571201 …PETITIONER (BY SRI. K S BHEEMAIAH., ADVOCATE) AND:
1.
SRI. KADIRA BHEEMAIAH AGED ABOUT 88 YEARS S/O LATE BOPAIAH KONANJAGERI VILLAGE PARANE VILLAGE AND POST MADIKEREI TALUK KODAGU DISTRICT – 571 201
2.
THE MANAGER CORPORATION BANK PARANE BRANCH PARANE POST MADIKEREI TALUK KODAGU DISTRICT – 571 201 …RESPONDENTS (BY MISS.SAHANA JAGAPRAKASH, ADVOCATE FOR SRI. RANJAN KUMAR K.,ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER DATED 08/02/2024, PASSED BY THE PRL. DISTRICT AND SESSIONS COURT, AT MADIKERI, ON IA NOS. I AND II, UNDER ORDER 41 RULE 5(4) AND ORDER 41 RULE 5 OF CPC, IN R.A. NO. 18/2024 WHICH IS AT ANNEXURE-J, TO THIS WP, AND ALLOW THE IA NOS. 1 AND II.
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:4301 WP No. 8018 of 2024
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 This petition by the appellant in R.A.No.18/2024 is directed against the impugned order dated 08.02.2024 passed by the Principal District and Sessions Judge, Kodagu-Madikeri, whereby the applications - I.A.Nos.I and II filed by the appellant seeking stay were dismissed by the First Appellate Court.
2. Heard learned counsel for the petitioner and learned counsel for the respondent No.1 and perused the material on record.
3. When the matter came up before this Court on 15.03.2024, the following interim order was passed:
“Issue emergent notice to respondents. List after service of notice. In the meanwhile, parties are directed to maintain status-quo in all respects as on today in relation to the suit schedule property till the next date of hearing. Liberty is reserved in favour of respondents to seek vacation / modification of this order.”
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HC-KAR NC: 2026:KHC:4301 WP No. 8018 of 2024
4. The aforesaid interim order of status quo continues to remain in force and operate between the parties even till today. It is also a matter of record and an undisputed fact that the appeal is posted before the First Appellate Court for final hearing on
30.01.2026. Under these circumstances, though several
contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the First Appellate Court to dispose of the main appeal in RA No.18/2024 on merits as expeditiously as possible and at any rate within a period of 2 months from
30.01.2026. In addition thereto, till disposal of the appeal by the First Appellate Court, the aforesaid interim order dated 15.03.2024 passed by this Court shall continue to operate and remain in force between the parties and the First Appellate Court shall dispose of the appeal on merits without being influenced by any findings or observations recorded by the First Appellate Court in the impugned
order or by this Court in the present order.
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HC-KAR NC: 2026:KHC:4301 WP No. 8018 of 2024
5. Subject to the aforesaid directions, the petition stands
disposed of.
6. All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 1 Sl No.: 37