Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
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. 29759 OF 2024 (GM-CPC) C/W WRIT PETITION NO. 29891 OF 2024 (GM-CPC) WRIT PETITION NO. 30091 OF 2024 (GM-CPC) WRIT PETITION NO. 30311 OF 2024 (GM-CPC) WRIT PETITION NO. 30316 OF 2024 (GM-CPC) WRIT PETITION NO. 30317 OF 2024 (GM-CPC) IN WP No. 29759/2024
BETWEEN:
1. SMT. JAYAMMA, W/O LATE THIRUMALA SHETTY AGED ABOUT 54 YEARS R/O JANNAPURA VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 2. MANJULA V. T.
D/O LATE THIRUMALA SHETTY V. M.
W/O YATHISHAWARA ANANADA, AGED ABOUT 57 YEARS R/O NO.32, MADDURAMNA LAYOUT, SUNKADAKATTE, BENGALURU NORTH, BENGALURU – 560 091
3. MANJUNATH V. T.
S/O LATE V. M. THIRUMALA SHETTY AGED ABOUT 54 YEARS R/O JANNAPURA VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
4. RADHAMANI V. T.
D/O LATE THIRUMALA SHETTY V. M.
AGED ABOUT 51 YEARS R/O JANNAPURA VILLAGE BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102 …PETITIONERS (BY SRI. SATHISHA D.J., ADVOCATE)
AND:
1. R. AVINASH S/O RAJU AGED 39 YEARS, R/O NO.98/41, 11TH MAIN, 15TH CROSS, PADMANABHA NAGARA, BENGALURU – 560 025. 2. S. A. GURURAJACHAR S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 75 YEARS, R/O NEAR ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
3. S. A. SHAMACHAR S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 66 YEARS R/O NO.107, 2ND MAIN, KENGERI SATTELLITE TOWN, KERGERI, BENGALURU – 560 060. 4. S. A. RAGOTHAM S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 60 YEARS R/O NEAR, ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 5. S. A. KUSUMALATHA, W/O LATE S. A. RAGHAVENDRACHAR AGED ABOUT 60 YEARS, NEAR ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. - 3 -
HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
6. SRI.
SUDANVA S. L.
W/O LATE S. A. RAGHAVENDRACHAR AGED ABOUT 30 YEARS, NEAR ANJANEYA TEMPLE SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
7. PRABHA V. V.
D/O LATE V. M. VENKATA SHETTY AGED ABOUT 60 YEARS, R/O KADABANAHALLI VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 8. YOGESH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 54 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
9. PRAKASH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 54 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 10. GIRISH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 47 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. …RESPONDENTS (BY SRI. VIVEK HOLLA, FOR SRI. SHARATH S. GOGI, ADVOCAETS FOR C / R1;
SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI. V. G. BHANUPRAKASH, ADVOCATE FOR R7 TO R10;
SRI. PRATHEEP K.C., ADVOCATE FOR R3;
SRI. KESHAV M. DATTAR, ADVOCATE FOR R4;
V/O DATED 20.11.2024 NOTICE TO R2, R5 & R6 IS DISPENSED WITH)
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HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER 19.10.2024 AT ANNX-L, PASSED IN M.A.NO. 15/2024 ON I.A.NO.2, U/O 39 RULE 1 AND 2 OF CPC, PASSED BY THE SR. CIVIL JUDGE AND JMFC AT SAKALESHPURA, IN O.S.NO. 117/2024. IN WP NO. 29891/2024
BETWEEN
1. SMT. JAYAMMA, W/O LATE THIRUMALA SHETTY AGED ABOUT 54 YEARS R/O JANNAPURA VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 2. MANJULA V. T.
D/O LATE THIRUMALA SHETTY V. M.
W/O YATHISHAWARA ANANADA, AGED ABOUT 57 YEARS R/O NO.32, MADDURAMNA LAYOUT, SUNKADAKATTE, BENGALURU NORTH, BENGALURU – 560 091
3.
MANJUNATH V. T.
S/O LATE V. M. THIRUMALA SHETTY AGED ABOUT 54 YEARS R/O JANNAPURA VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
4. RADHAMANI V. T.
D/O LATE THIRUMALA SHETTY V. M.
AGED ABOUT 51 YEARS R/O JANNAPURA VILLAGE BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102 …PETITIONERS (BY SRI. SATHISHA D.J., ADVOCATE)
AND:
1. R. AVINASH S/O RAJU
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HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
AGED 39 YEARS, R/O NO.98/41, 11TH MAIN, 15TH CROSS, PADMANABHA NAGARA, BENGALURU – 560 025. 2. S. A. GURURAJACHAR S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 75 YEARS, R/O NEAR ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
3. S. A. SHAMACHAR S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 66 YEARS R/O NO.107, 2ND MAIN, KENGERI SATTELLITE TOWN, KERGERI, BENGALURU – 560 060. 4. S. A. RAGOTHAM S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 60 YEARS R/O NEAR, ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 5. S. A. KUSUMALATHA, W/O LATE S. A. RAGHAVENDRACHAR AGED ABOUT 60 YEARS, NEAR ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 6. SRI. SUDANVA S. L.
W/O LATE S. A. RAGHAVENDRACHAR AGED ABOUT 30 YEARS, NEAR ANJANEYA TEMPLE SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
7. PRABHA V. V.
D/O LATE V. M. VENKATA SHETTY AGED ABOUT 60 YEARS, R/O KADABANAHALLI VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. - 6 -
HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
8. YOGESH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 54 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
9. PRAKASH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 54 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 10.
GIRISH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 47 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. …RESPONDENTS (BY SRI. VIVEK HOLLA, FOR SRI. SHARATH S. GOGI, ADVOCAETS FOR C / R1;
V/O DATED 20.11.2024 NOTICE TO R2 TO R6 IS DISPENSED WITH SRI. PRATHEEP K.C., ADVOCATE FOR R3;
SRI. KESHAV M. DATTAR, ADVOCATE FOR R4;
SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI. V. G. BHANUPRAKASH, ADVOCATE FOR R7 TO R10)
THIS W. P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER, 19.10.2024 AT ANNX-L PASSED IN M.A.NO. 13/2024 ON I.A.NO.3 U/O 39 RULE 1 AND 2 OF CPC, PASSED BY THE SR. CIVIL JUDGE AND JMFC AT SAKALESHPURA IN OS. 117/2024. IN WP NO. 30091/2024
BETWEEN:
1. SMT. JAYAMMA, W/O LATE THIRUMALA SHETTY AGED ABOUT 54 YEARS R/O JANNAPURA VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. - 7 -
HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
2. MANJULA V. T.
D/O LATE THIRUMALA SHETTY V. M.
W/O YATHISHAWARA ANANADA, AGED ABOUT 57 YEARS R/O NO.32, MADDURAMNA LAYOUT, SUNKADAKATTE, BENGALURU NORTH, BENGALURU – 560 091
3. MANJUNATH V. T.
S/O LATE V. M. THIRUMALA SHETTY AGED ABOUT 54 YEARS R/O JANNAPURA VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
4. RADHAMANI V. T.
D/O LATE THIRUMALA SHETTY V. M.
AGED ABOUT 51 YEARS R/O JANNAPURA VILLAGE BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102 …PETITIONERS (BY SRI. SATHISHA D.J., ADVOCATE)
AND:
1. R. AVINASH S/O RAJU R/O NO.98/41, 11TH MAIN, 15TH CROSS, PADMANABHA NAGARA, BENGALURU – 560 025. 2. S. A. GURURAJACHAR S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 75 YEARS, R/O NEAR ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
3.
S. A. SHAMACHAR S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 66 YEARS R/O NO.107, 2ND MAIN, KENGERI SATTELLITE TOWN, KERGERI, BENGALURU – 560 060. - 8 -
HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
4. S. A. RAGOTHAM S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 60 YEARS R/O NEAR, ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 5. S. A. KUSUMALATHA, W/O LATE S. A. RAGHAVENDRACHAR AGED ABOUT 60 YEARS, NEAR ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 6. SRI. SUDANVA S. L.
W/O LATE S. A. RAGHAVENDRACHAR AGED ABOUT 30 YEARS, NEAR ANJANEYA TEMPLE SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
7. PRABHA V. V.
D/O LATE V. M. VENKATA SHETTY AGED ABOUT 60 YEARS, R/O KADABANAHALLI VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 8. YOGESH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 54 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
9. PRAKASH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 54 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 10. GIRISH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 47 YEARS,
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HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. …RESPONDENTS (BY SRI. VIVEK HOLLA, FOR SRI. SHARATH S. GOGI, ADVOCAETS FOR C / R1;
SRI. PRATHEEP K.C., ADVOCATE FOR R3;
SRI. KESHAV M. DATTAR, ADVOCATE FOR R4;
SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI.
V. G. BHANUPRAKASH, ADVOCATE FOR R7 TO R10)
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER, 19.10.2024, AT ANNEXURE-L, PASSED IN M.A.NO.14/2024, ON I.A.NO.1, U/O 39 RULE 1 AND 2 OF CPC, PASSED BY THE SR. CIVIL JUDGE AND JMFC AT SAKALESHPURA. IN WP NO. 30311/2024
BETWEEN:
1. SMT. PRABHA V. V.
D/O LATE V. M. VENKATA SHETTY AGED ABOUT 60 YEARS, R/O KADABANAHALLI VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 2. SRI. YOGESH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 58 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
3. SRI. GIRISH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 47 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. ...PETITIONERS (BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI. V.G. BHANUPRAKASH, ADVOCATE)
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HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
AND:
1. R. AVINASH S/O RAJU AGED ABOUT 39 YEARS, R/O NO.98/41, 11TH MAIN, 15TH CROSS, PADMANABHA NAGARA, BENGALURU – 560 025. 2. SMT. JAYAMMA, W/O LATE THIRUMALA SHETTY AGED ABOUT 54 YEARS R/O JANNAPURA VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 3. SMT. MANJULA V. T.
D/O LATE THIRUMALA SHETTY V. M.
W/O YATHISHAWARA ANANADA, AGED ABOUT 57 YEARS R/O NO.32, MADDURAMNA LAYOUT, SUNKADAKATTE, BENGALURU NORTH, BENGALURU – 560 091
4. SRI. MANJUNATH V. T.
S/O LATE V. M. THIRUMALA SHETTY AGED ABOUT 54 YEARS R/O JANNAPURA VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
5. SMT. RADHA MANI V. T.
D/O LATE THIRUMALA SHETTY V. M.
AGED ABOUT 51 YEARS R/O JANNAPURA VILLAGE BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
6. SRI. S. A. GURURAJACHAR S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 75 YEARS, R/O NEAR ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
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HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
7. SRI.
S. A. SHAMACHAR S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 66 YEARS R/O NO.107, 2ND MAIN, KENGERI SATTELLITE TOWN, KERGERI, BENGALURU – 560 060. 8. SRI. S. A. RAGOTHAM S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 60 YEARS R/O NEAR, ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 9. SRI. S. A. KUSUMALATHA, W/O LATE S. A. RAGHAVENDRACHAR AGED ABOUT 60 YEARS, NEAR ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 10. SRI. SUDANVA S. L.
W/O LATE S. A. RAGHAVENDRACHAR AGED ABOUT 30 YEARS, NEAR ANJANEYA TEMPLE SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102 ...RESPONDENTS (BY SRI. SRI. VIVEK HOLLA, FOR SRI. SHARATH S. GOGI, ADVOCATES FOR R1;
SRI. SATHISHA D.J., ADVOCATE FOR R2 TO R5;
SRI. PRATHEEP K.C.,ADVOCATE FOR R7;
SRI. KESHAV M. DATTAR, ADVOCATE FOR R8;
NOTICE TO R6 TO R9 ARE DISPENSED WITH VIDE ORDER DATED 20.11.2024;)
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER PASSED IN M.A.NO.13/2024, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT HASSAN ON IA NO 3 U/0 XXXIX RULE 1 AND 2 OF CPC AT DATED 19.10.2024 AT ANNEXURE-A.
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HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
IN WP NO. 30316/2024
BETWEEN:
1. SMT. PRABHA V. V.
D/O LATE V. M. VENKATA SHETTY AGED ABOUT 60 YEARS, R/O KADABANAHALLI VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 2. SRI. YOGESH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 58 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
3. SRI. GIRISH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 47 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. ...PETITIONERS (BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI. V.G. BHANUPRAKASH, ADVOCATE)
AND:
1. R. AVINASH S/O RAJU AGED ABOUT 39 YEARS, R/O NO.98/41, 11TH MAIN, 15TH CROSS, PADMANABHA NAGARA, BENGALURU – 560 025. 2. SMT. JAYAMMA, W/O LATE THIRUMALA SHETTY AGED ABOUT 54 YEARS R/O JANNAPURA VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. - 13 -
HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
3. SMT. MANJULA V. T.
D/O LATE THIRUMALA SHETTY V. M.
W/O YATHISHAWARA ANANADA, AGED ABOUT 57 YEARS R/O NO.32, MADDURAMNA LAYOUT, SUNKADAKATTE, BENGALURU NORTH, BENGALURU – 560 091
4. SRI. MANJUNATH V. T.
S/O LATE V. M. THIRUMALA SHETTY AGED ABOUT 54 YEARS R/O JANNAPURA VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
5. SMT. RADHAMANI V. T.
D/O LATE THIRUMALA SHETTY V. M.
AGED ABOUT 51 YEARS R/O JANNAPURA VILLAGE BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
6. SRI. S. A. GURURAJACHAR S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 75 YEARS, R/O NEAR ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
7. SRI. S. A. SHAMACHAR S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 66 YEARS R/O NO.107, 2ND MAIN, KENGERI SATTELLITE TOWN, KERGERI, BENGALURU – 560 060. 8. SRI. S. A. RAGOTHAM S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 60 YEARS R/O NEAR, ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102.
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HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
9. SRI. S. A. KUSUMALATHA, W/O LATE S. A. RAGHAVENDRACHAR AGED ABOUT 60 YEARS, NEAR ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 10. SRI. SUDANVA S. L.
W/O LATE S. A. RAGHAVENDRACHAR AGED ABOUT 30 YEARS, NEAR ANJANEYA TEMPLE SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102 ...RESPONDENTS (BY SRI. SRI. VIVEK HOLLA, FOR SRI. SHARATH S. GOGI, ADVOCATES FOR R1;
SRI. SATHISHA D.J., ADVOCATE FOR R2 TO R5;
VIDE ORDER DATED 20.11.2024, NOTICE TO R6 TO R9 IS DISPENSED WITH;
SRI. PRATHEEP K.C.,ADVOCATE FOR R7;
SRI. KESHAV M. DATTAR, ADVOCATE FOR R8)
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED IN MA NO. 15/2024 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT HASSAN ON IA NO. 3 U/O XXXIX RULE 1 AND 2 OF CPC AT DTD 19.10.2024 VIDE ANNEXURE-A.
IN WP NO. 30317/2024
BETWEEN:
1. SMT. PRABHA V. V.
D/O LATE V. M. VENKATA SHETTY AGED ABOUT 60 YEARS, R/O KADABANAHALLI VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 2. SRI. YOGESH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 58 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
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HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
3. SRI. GIRISH V. V.
S/O LATE V. M. VENKATA SHETTY AGED ABOUT 47 YEARS, R/O KADABANAHALLY VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. ...PETITIONERS (BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI. V.G. BHANUPRAKASH, ADVOCATE)
AND:
1. R. AVINASH S/O RAJU AGED ABOUT 39 YEARS, R/O NO.98/41, 11TH MAIN, 15TH CROSS, PADMANABHA NAGARA, BENGALURU – 560 025. 2. SMT.
JAYAMMA, W/O LATE THIRUMALA SHETTY AGED ABOUT 54 YEARS R/O JANNAPURA VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 3. SMT. MANJULA V. T.
D/O LATE THIRUMALA SHETTY V. M.
W/O YATHISHAWARA ANANADA, AGED ABOUT 57 YEARS R/O NO.32, MADDURAMNA LAYOUT, SUNKADAKATTE, BENGALURU NORTH, BENGALURU – 560 091
4. SRI. MANJUNATH V. T.
S/O LATE V. M. THIRUMALA SHETTY AGED ABOUT 54 YEARS R/O JANNAPURA VILLAGE, BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
5. SMT. RADHAMANI V. T.
D/O LATE THIRUMALA SHETTY V. M.
AGED ABOUT 51 YEARS R/O JANNAPURA VILLAGE
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HC-KAR NC: 2026:KHC:6596 WP No. 29759 of 2024 C/W WP No. 29891 of 2024 WP No. 30091 of 2024 AND 3 OTHERS
BYKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
6. SRI. S. A. GURURAJACHAR S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 75 YEARS, R/O NEAR ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102
7. SRI. S. A. SHAMACHAR S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 66 YEARS R/O NO.107, 2ND MAIN, KENGERI SATTELLITE TOWN, KERGERI, BENGALURU – 560 060. 8. SRI. S. A. RAGOTHAM S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 60 YEARS R/O NEAR, ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 9. SMT. S. A. KUSUMALATHA, W/O LATE S. A. RAGHAVENDRACHAR AGED ABOUT 60 YEARS, NEAR ANJANEYA TEMPLE, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102. 10. SRI. SUDANVA S. L.
W/O LATE S. A. RAGHAVENDRACHAR AGED ABOUT 30 YEARS, NEAR ANJANEYA TEMPLE SAKALESHPURA TALUK, HASSAN DISTRICT – 573 102 ...RESPONDENTS (BY SRI. SRI. VIVEK HOLLA, FOR SRI. SHARATH S. GOGI, ADVOCATES FOR C/R1;
SRI. SATHISHA D.J., ADVOCATE FOR R2 TO R5;
SRI. PRATHEEP K.C., ADVOCATE FOR R7;
SRI. KESHAV M. DATTAR, ADVOCATE FOR R8;
NOTICE TO R6 TO R9 IS DISPENSED WITH)
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THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER PASSED IN M.A.NO.14/2024 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT HASSAN ON IA NO 3 U/O XXXIX RULE 1 AND 2 OF CPC AT DATED 19.10.2024 VIDE ANNEXURE-A.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
All these petitions arise out of a suit in O.S.No.117/2024 pending on the file of Civil Judge and JMFC, Sakaleshpura, Hassan. The said suit was filed by Smt.Jayamma and others against 10 defendants for permanent injunction and other reliefs in relation to the suit schedule immovable properties. The said suit is being contested/opposed by defendants 1 to 6, while defendants 7 to 10 are supporting the plaintiffs and are sailing with them before the trial court. In addition thereto, defendant No.6 apart from opposing/contesting the suit has also put forth a counter claim for injunction against the plaintiffs and defendants 7 to 10. 2. Before the trial court, the plaintiffs filed two applications, I.A.No.1 for temporary injunction restraining defendants 1 to 6 from interfering with their peaceful possession and enjoyment of the suit schedule properties; I.A.No.2 restraining defendant Nos.1 to 6 from
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alienating, encumbering, disposing or creating third party rights over the suit schedule properties. Similarly, defendant No. 6 filed I.A.No.3 for temporary injunction restraining the plaintiffs and defendants 7 to 10 from interfering with his peaceful possession and enjoyment of the suit schedule properties. By order dated 20.04.2024, the trial Court allowed all the three applications by holding as under:-
“I.A No.I and I.A No.III filed Under Order 39 Rule 1 & 2 of CPC is hereby allowed. The Plaintiffs & Defendants are hereby directed to maintain Status-Quo in respect of suit schedule properties till disposal of the suit. I.A No.II filed Under Order 39 Rules 1 & 2 of CPC is hereby allowed. The defendant no.1 to 6 their agents, representative, legal heirs of any body claiming under them are hereby restrained from further alienating or creating any encumbrance in respect of the suit schedule properties till the disposal of the suit. Under these circumstances no Order as to costs.”
3.
Aggrieved the aforesaid order passed by the trial Court, defendants No.6 filed 3 appeals in M.A.Nos.13/2024, 14/2024 and 15/2024, which were contested by the plaintiffs and defendants 7 to
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10 and culminated in the impugned order by allowing the appeals as hereunder:
“The Miscellaneous Appeal filed by the appellant in M.A.No.13/2024, M.A.No.14/2024 and M.A.No.15/2024 U/O XLIII Rule 1 of CPC are hereby allowed in the interest of justice and equity. The order dated 20.04.2024, passed by the Hon'ble Civil Judge and JMFC., Sakaleshpura, on IA. I and II U/O XXXIX Rule 1 and 2 of CPC filed by the plaintiffs in O.S.No.117/2024 is hereby set aside and applications for temporary injunction filed by the plaintiffs against defendant No.6 are set aside. The order dated 20.04.2024, passed by the Hon'ble Civil Judge and JMFC., Sakaleshpura, on IA. III U/O XXXIX Rule 1 and 2 of CPC filed by the defendant No.6 in O.S.No.117/2024 is hereby allowed in the interest of justice and equity. The plaintiffs and defendant No.7 to 10 are hereby restrained by way of temporary injunction from interfering with the defendant No.6 possession and enjoyment over the suit schedule properties till disposal of the suit. The I.A.No.V filed by the respondent No.10 to 13 in M.A.No.15/2024 U/O XXVI Rule 9 R/W Section 151 of CPC is hereby dismissed. Office is directed to keep the original order in M.A.No.13/2024 and certified copies of the same in
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M.A.No.14/2024 and M.A.No.15/2024 respectively and also
directed to send the copy of this order forthwith to the Hon’ble Trial Court.”
4. Aggrieved by the impugned orders passed by the 1st appellate court, the plaintiffs as well as defendant Nos.7 to 10 are before this Court by way of the present six writ petitions.
5. Heard learned counsel for both the parties and perused the material on record.
6. A perusal of the material on record will indicate that there are several contentious issues and disputed questions of law and fact that arise for consideration in the suit, which would necessarily have to be decided only after a full-fledged trial. Under these circumstances, though several contentions have been urged by the plaintiffs and defendant Nos.7 to 10 on one hand and defendant Nos.1 to 6 on the other, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of these petitions directing the trial Court to dispose of the suit on merits of within a stipulated timeframe without being influenced by the findings and observations recorded in the order of the trial Court as well as the impugned order of the
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1st appellate Court as well as the interim orders/final order passed by this Court in the present petitions by issuing certain directions in this regard.
7. In the result, I pass the following:-
ORDER (i) W.P.No.29759/2024, W.P.No.29891/2024, W.P.No.30091/2024, W.P.No.30311/2024, W.P.No.30316/2024 and W.P.No.30317/2024 are hereby disposed of. (ii) The trial court is directed to dispose of the suit on merits as expeditiously as possible and at any rate within a period of six months from the next date of hearing of the suit which currently stands posted on 11.02.2026 without being influenced by the findings and observations recorded in the order of the trial Court as well as the impugned order of the 1st appellate Court as well as the interim orders/final order passed by this Court in the present petitions. (iii) This Court vide interim order dated 01.12.2025 on I.A.No.1/2025 in W.P.No.29891/2024 directed disbursal of 50% of the amount in deposit in favour of 1st respondent – Sri. R.Avinash, who is the 6th defendant in the suit. The Registry of this Court is
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directed to disburse/release the said amount in favour of 1st respondent – 6th defendant – Sri.R.Avinash immediately without any further delay. (iv) It is needless to state that such disbursement/release of the amount in favour of 1st respondent - 6th defendant – Sri. R. Avinash and withdrawal of the same by him would be subject to the final outcome of the suit and without prejudice to his rights and
contentions and shall not claim any equities in this regard and shall execute an Indemnity bond before the Registry of this Court to enable such disbursement. (v) Similarly, the Registry of this Court is directed to disburse/release the balance 50% of the amount in deposit in favour of 10th defendant – Sri.Girish V.V. immediately without any delay. (vi) It is needless to state that such disbursement/release of the amount in favour of 10th defendant – Sri.Girish V.V. and withdrawal of the same by him would be subject to the final outcome of the suit and without prejudice to his rights and
contentions and shall not claim any equities in this regard and shall
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execute an Indemnity bond before the Registry of this Court to enable such disbursement. (vii) The trial Court shall pass appropriate orders on the said amount released in favour of 6th defendant and 10th defendant as stated supra by passing appropriate orders at the time of final
judgment in the suit. (viii) The amount payable to the court commissioner shall be paid solely by the 10th defendant and not by any other parties to the suit. (ix) It is further directed that till disposal of the suit, none of the parties shall change or alter the nature and character of the suit schedule property. (x) All rival contentions between the parties are kept open and no opinion is expressed on the same.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SRL List No.: 3 Sl No.: 6