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2026 DAILYLAW 49387 (KAR)

G N SADASHIVA REDDY v. NANJUNADAIAH

WP/21953/2025 · 2026-02-04

S R Krishna Kumar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6765 WP No. 21953 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21953 OF 2025 (GM-CPC) BETWEEN: 1. G N SADASHIVA REDDY AGED ABOUT 48 YEARS, S/O LATE NARAYANAGOWDA, 2. G N VENUGOPAL AGED ABOUT 45 YEARS, S/O LATE NARAYANAGOWDA, BOTHE ARE R/AT ABLUDU VILLAGE, KASABA HOBLI, SIDDALAGATTA TALUK, CHIKKABALLAPURA DISTRICT-562105 …PETITIONERS (BY SRI. C M NAGABUSHANA, ADVOCATE) AND: 1. NANJUNADAIAH S/O LAKSHMINARAYANAIAH, AGED ABOUT 53 YEARS, 2. BALA SUBRAMANYA S/O LAKSHMINARAYANAIAH, AGED ABOUT 48 YEARS, BOTH ARE R/AT KANDAKANAHALLI MAJARA, GANINAGARA HOSAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT-562103 …RESPONDENTS (BY SRI. CHETHAN A.C., ADVOCATE FOR R1; Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6765 WP No. 21953 of 2025 R2 - SERVED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS SET ASIDE/QUASH THE ORDER DTD 24.03.2023 PASSED ON IA NO. 3 IN OS NO. 170/2022 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, SIDLAGHATTA AT ANNX-E AND ALSO ORDER DTD 26.09.2023 PASSED IN MA 6/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC SIDLAGHATTA AT ANNX-F. THIS 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, the petitioners seek the following reliefs: “I. This Hon’ble Court be pleased to call for records. II. To set aside/quash the order dated 24.03.2023 passed on IA No.3 in O.S.No.170/2022 on the file of Additional Civil Judge and JMFC, Sidlaghatta at Annexure-E, and also order dated 26.09.2023 passed in M.A.No.6/2023 on the file of Senior Civil Judge and JMFC, Sidlaghatta at Annexure-F. III. Consequently, allow the IA No.3 filed by the petitioners as per the Annexure-D1 in O.S.No.170/2022. IV. To grant any relief/s as this Hon’ble Court deems fit to grant under the facts and circumstances of the case with costs in the interest of justice and equity.” - 3 - HC-KAR NC: 2026:KHC:6765 WP No. 21953 of 2025 2. Heard learned counsel for the petitioners and learned counsel for respondent No.1 and perused the material on record. 3. Though several contentions have been urged by both sides in support of their respective claims, the material on record discloses that there are several contentious issues and disputed questions of fact and law that arises for consideration between the parties, which would necessarily have to be decided by the Trial Court only after a full fledged trial, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition leaving open all contentions between the parties to be urged before the Trial Court and the same shall be considered by the Trial Court, in accordance with law without being influenced by the impugned order. Further, both parties shall maintain status quo in all respects, as on today, in relation to the suit schedule property, till disposal of the suit before the Trial Court. 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. The Trial Court is directed to dispose of the suit as expeditiously as possible and preferable within a period of six months from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2026:KHC:6765 WP No. 21953 of 2025 4. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 19