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2026 DAILYLAW 50251 (KAR)

SMT.M.ROOPA v. SRI.M.RUDRAMUNI

WP/28056/2025 · 2026-01-21

S R Krishna Kumar

Civil Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:3377 WP No. 28056 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28056 OF 2025 (GM-CPC) BETWEEN: 1. SMT. M. ROOPA, D/O M. RUDRAMANI AGED ABOUT 45 YEARS R/AT #1425, TYAGARAJA ROAD, 7TH CROSS, K.R.MOHALLA, LAKSHMIPURA, MYSORE – 571 604 2. SMT. M. R. REKHA D/O M. RUDRAMANI, AGED ABOUT 35 YEARS, R/AT MADENAHALLI VILLAGE, C.A.KERE HOBLI, MADDUR TALUK – 571 604 …PETITIONERS (BY SRI. M. R. RAJAGOPAL, SENIOR COUNSEL FOR SRI. S. V. THILAKRAJ, ADVOCATE) AND: 1. SRI. M. RUDRAMUNI, S/O LATE C. MADAPPA, AGED ABOUT 70 YEARS R/AT MADENAHALLI VILLAGE, C. A. KERE HOBLI, MADDUR TALUK MADYA DISTRICT – 571 428 2. SRI. M. R. MALLIKARJUNA, S/O M. RUDRAMUNI AGED ABOUT 40 YEARS R/AT MADENAHALLI VILLAGE, C. A. KERE HOBLI, MADDUR TALUK MADYA DISTRICT – 571 428 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3377 WP No. 28056 of 2025 3. SRI. M. R. CHETHAN CHANNABASAPPA S/O M. RUDRAMUNI AGED ABOUT 40 YEARS R/AT MADENAHALLI VILLAGE, C.A.KERE HOBLI, MADDUR TALUK MADYA DISTRICT- 571 428 4. SRI NAGARAJU S/O LATE MADEGOWDA, AGED ABOUT 63 YEARS, R/AT KADUKOTHANAHALLI VILLAGE, C. A. KERE HOBLI, MADDUR TALUK, MADYA DISTRICT – 571 428 …RESPONDENTS (BY SRI. M. N. MUNIREDDY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 14.03.2025 PASSED IN I.A.NO. 15 IN EXECUTION PETITION NO. 56/2019 BY THE LEARNED SENIOR CIVIL JUDGE, MADDUR, AS PER ANNX-H AND ETC., 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, petitioner seeks the following reliefs: “a) Issue a writ in the nature certiorari, or exercise its supervisory jurisdiction under Article 227 of the Constitution of India, to quash the order dated 14.03.2025 passed in I.A.No.15 in Execution Petition No.56/2019 by the learned Senior Civil Judge, Maddur, as per Annexure-H; - 3 - HC-KAR NC: 2026:KHC:3377 WP No. 28056 of 2025 b) Consequently, allow the application filed under Order 21 Rule 29 CPC in I.A.No.15; c) Pass such other order(s) or direction(s) as this Hon’ble Court may deem fit, in the interests of justice and equity.” 2. After arguing the matter for sometime, learned Senior Counsel for the petitioners submits that the present petition may be disposed of as withdrawn, reserving liberty in favour of the petitioners to file an appropriate application seeking suitable interim orders in RA No.30/2024, pending before the First Appellate Court and is said to be posted today i.e., 21.01.2026. 3. The aforesaid submission is placed on record. 4. Accordingly, petition stands disposed of in favour of the petitioners to file appropriate applications, if not, already filed as on today in the appeal RA No.30/2024 before the First Appellate Court. In pursuance of the said application filed/to be filed by the petitioners, the First Appellate Court shall consider and pass appropriate orders on the said applications filed by the petitioners in RA No.30/2024 within a period of 1 month from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2026:KHC:3377 WP No. 28056 of 2025 5. Subject to the aforesaid directions and liberty reserved in favour of petitioners, 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.: 2 Sl No.: 10