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2026 DAILYLAW 47881 (KAR)

SACHINDRA URALA v. SRI. MANJUNATHA ULLURA

WP/14587/2025 · 2026-02-02

S R Krishna Kumar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:5973 WP No. 14587 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14587 OF 2025 (GM-CPC) BETWEEN: SACHINDRA URALA S/O LATE M.P KESHAVA URALA, AGED ABOUT 56 YEARS, R/AT NO 567, 76/A, OLD POST OFFICE ROAD, 2A BLOCK, THYAGARAJANAGAR, BENGALURU - 560 070. …PETITIONER (BY SRI. JEEVAN K, ADVOCATE) AND: SRI. MANJUNATHA ULLURA S/O LATE VASUDEVA ULLURA, AGED ABOUT 71 YEARS, R/AT D. NO. 1-444A, KOPPARIGE, HOSADU VILLAGE, KUNDAPURA TALUK - 576 247. …RESPONDENT (BY SRI. PRASANNA V.R, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 19-08-2024 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT KUDAPURA ON I.A NO II AND III FILED IN O.S NO. 329/2023 VIDE ANNEXURE-A AND B AND ALSO THE IMPUGNED ORDER Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5973 WP No. 14587 of 2025 DATED 15/02/2025 PASSED BY THE SENIOR CIVIL JUDGE AT KUNDAPURA IN M.A NO 32/2024 AND 33/2024 VIDE ANNEXURE-C THEREBY TO DISMISS THE I.A NO II AND III FILED BY THE RESPONDENT NO 1/PLAINTIFF IN THE INTEREST OF JUSTICE AND EQUITY 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 In this petition, petitioner seeks for the following reliefs: " Wherefore, the petitioner humbly prays that this Hon'ble Court be pleased to - (a) issue an appropriate writ of certiorari quashing the impugned order dated 19.08.2024 passed by the II Additional Civil Judge and Judicial Magistrate First Class at Kundapura on I.A. No.II and III filed in O.S. No.329/2023 vide Annexure 'A' and 'B' and also the impugned order dated 15.02.2025 passed by the Senior Civil Judge at Kundapura in M.A. No.32/2024 and 33/2024 vide Annexure 'C' thereby to dismiss the I.A. No.II and III filed by the respondent No.1/plaintiff in the interest of justice and equity." 2. After arguing the matter for sometime, learned counsel for the petitioner submits that the trial Court may be directed to advance/prepone the suit from 10.04.2026 to any convenient date during the week commencing from 16.02.2026 and with a direction to the trial Court to dispose of the suit in accordance with law within - 3 - HC-KAR NC: 2026:KHC:5973 WP No. 14587 of 2025 a stipulated time frame and without being influenced by the findings and observations recorded in the impugned orders passed by the trial Court and first appellate Court. 3. Submission is placed on record. 4. Petition stands disposed of directing the trial Court to prepone/advance the suit from 10.04.2026 to any convenient date during the week commencing from 16.02.2026. 5. Liberty is reserved in favour of petitioner to seek advancement/preponement of the suit from 10.04.2026 to any convenient date during the week commencing from 16.02.2026. 6. Upon advancement/preponement of the suit from 10.04.2026 to any convenient date during the week commencing from 16.02.2026, the trial Court shall proceed further and dispose of the suit as expeditiously as possible and preferably within a period of nine months from the date of receipt of a copy of this order, without being influenced by the findings and observations recorded in the impugned orders passed by the trial Court and first appellate Court. - 4 - HC-KAR NC: 2026:KHC:5973 WP No. 14587 of 2025 7. All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 40