Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35 WP No. 21364 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21364 OF 2025 (GM-CPC) BETWEEN:
1.
A G MAHESHWARAPPA S/O BENAKAPPA AGED ABOUT 72 YEARS.
2.
SMT. SAVITRAMMA, W/O A.G. MAHESHWARAPPA, AGED ABOUT 67 YEARS.
3. CHETAN S/O A.G. MAHESHWARAPPA, AGED ABOUT 42 YEARS.
ALL ARE RESIDING AT 3RD CROSS, SIDDAVEERAPPA EXTENSION DAVANGERE CITY.
EXTENSION - 577001 …PETITIONERS (BY SRI. SANTOSH R. NELKUDRI, ADVOCATE) AND:
A G HALESHAPPA @ HALAPPA A G S/O BASAVANA GOWDA, SINCE DEAD BY LR'S Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:35 WP No. 21364 of 2025
1.
SMT. RATHNAMMA, W/O LATE A.G. HALESHAPPA, AGED ABOUT 67 YEARS.
2.
A.G. BASAVANA GOWDA, S/O LATE A.G. HALESHAPPA, AGED ABOUT 42 YEARS.
BOTH ARE RESIDING AT ARAKERE VILLAGE, HONNALI TALUK - 577 001 DAVANGERE DISTRICT
3.
SMT. ROOPA, W/O NAGARAJAPPA, AGED ABOUT 33 YEARS, R/O KAGGADA SHIVAPPA'S HOUSE, JANATHA COLONY, NEAR AIRTEL TOWER, HOLALURU VILLAGE, SHIVAMOGGA TALUK - 576 101 …RESPONDENTS ***
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT QUASHING THE ORDER DATED 28.08.2023 PASSED ON IA NO.I IN OS NO.347/2022 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT HONNALI AS PER ANNEXURE-E AND ORDER DATED 03.04.2025 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, HARIHAR SITTING AT HONNALI AS PER ANNEXURE-G IN M.A.
NO.24/2023, ETC.
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HC-KAR NC: 2026:KHC:35 WP No. 21364 of 2025
THIS WRIT 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:
"i) Issue a writ of certiorari or any other appropriate writ,
order or direction quashing the order dated 28.08.2023 passed on IA No.1 in OS No. 347/2022 on the file of Principal Civil Judge and JMFC at Honnali as per ANNEXURE "E" and order dated 03.04.2025 passed by the Senior Civil Judge and JMFC, Harihar sitting at Honnali as per ANNEXURE-"G". in MA.No 24/2023 (ii) Issue any other writ or order or direction that deems fit to grant in the circumstances of the case in the interest of Justice and equity."
2. After arguing the matter for sometime, learned counsel for the petitioners submits that the petition may be disposed of by directing the Trial Court to dispose of the suit, as expeditiously as possible, and leaving open all contentions to be decided by the Trial Court, without being influenced by the findings and observations recorded in the impugned orders passed by the Trial Court and First Appellate Court.
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HC-KAR NC: 2026:KHC:35 WP No. 21364 of 2025
3. Submission is placed on record.
4. The Trial Court is directed to dispose of the suit on merits, as expeditiously as possible, without being influenced by the findings and observations recorded by the Trial Court in O.S. No.347/2022 dated 28.08.2023 and First Appellate Court in M.A.No.24/2023 dated 03.04.2025, in accordance with law. All rival
contentions on all aspects of the matter between the parties are kept open and no opinion is expressed on the same.
5. Subject to the aforesaid direction, the petition stands
disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 10 CT-SG