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2026 DAILYLAW 47288 (KAR)

H.SHIVAKUMAR v. T. RAMAPPA

WP/8404/2024 · 2026-01-07

S R Krishna Kumar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:963 WP No. 8404 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 8404 OF 2024 (GM-CPC) BETWEEN: H.SHIVAKUMAR S/O H PUTTAIAH GOWDA, AGED ABOUT 61 YEARS, KELADI ROAD SUBHASH NAGAR, 1ST CROSS SAGAR TOWN, SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI. RAKESH B BHATT, ADVOCATE) AND: T. RAMAPPA S/O TAKAPPA, AGED ABOUT 60 YEARS, R/AT ASHOKA ROAD, NEAR SATHYANARAYANA TEMPLE CIRCLE, SAGAR TOWN, SHIVAMOGGA DISTRICT – 577 430. …RESPONDENT (BY SRI. S.V.PRAKASH, ADVOCATE) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 12/01/2024 PASSED IN MA NO. 10/2023 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND JMFC AT SAGAR (ANNEXURE-A) AND DISMISS THE APPEAL MA NO. 10/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:963 WP No. 8404 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ a) Set aside the order dated: 12.01.2024 passed in M.A.No.10/2023 on the file of Additional Senior Civil Judge and JMFC at Sagar (ANNEXURE- A) and dismiss the appeal M.A.No.10/2023. b) Pass such other order as this Hon’ble Court deems fit in the interest of Justice and Equity.” 2. Learned counsel for both the parties submit that the petition may be disposed of directing the trial court to dispose of O.S.No.99/2022 in accordance with law within a stipulated timeframe without being influenced by the orders passed by the trial court and 1st appellate court. The said joint submission is placed on record. 3. Accordingly, the petition stands disposed of directing the trial court to dispose of O.S.No.99/2023 in accordance with law within a period of six months from the date of receipt of a copy of this order. All rival contentions between the parties are kept open and no opinion is expressed on the same. Registry of this Court is directed to re-transmit the Trial court records in O.S.No.99/2023 - 3 - HC-KAR NC: 2026:KHC:963 WP No. 8404 of 2024 and M.A.No.10/2023 back to the trial court and 1st appellate court immediately without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.