- 1 - HC-KAR NC: 2026:KHC:5148 WP No. 28216 of 2025 C/W WP No. 11364 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28216 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 11364 OF 2025 (GM-CPC) IN WP No. 28216/2025 BETWEEN: HANUMANTEGOWDA SON OF LATE CHANNEGOWDA, ABOUT 64 YEARS, OCC EX-SERVICEMAN, RESIDENT OF DASARAKOPPALU VILLAGE, HASSAN-TALLUK DISTRICT 573201 …PETITIONER (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA., ADVOCATE) AND: 1. K SHOBHA W/O B.K. MARIGOWDA, AGED ABOUT 63 YEARS, OCC NOT KNOWN, RESIDENT OF K.R. PURAM, SAMPIGE MAIN ROAD, HASSANA 573201. 2. D.C. KESHAVAGOWDA S/O LATE CHANNEGOWDA, AGED ABOUT 67 YEARS, KALYANA MANTAPA, M.G.ROAD, RESIDING NEAR THANVI TRISHNA HASSAN 573201 3. KRISHNARAJU S/O LATE CHANNEGOWDA Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5148 WP No. 28216 of 2025 C/W WP No. 11364 of 2025 AGED ABOUT 66 YEARS 4. JAYAMMA D/O LATE CHANNEGOWDA AGED ABOUT 76 YEARS 5. CHANNAMMA D/O LATE CHANNEGOWDA AGED ABOUT 74 YEARS SMT LATE AKKAMMA DEAD BY LRS 6. SMT REKHA W/O UDAY D/O LATE JUJEGOWDA AGED ABOUT 42 YEARS 7. VISHWANATH S/O LATE JUNJEGOWDA AGED ABOUT 42 YEARS 8. ASHOK S/O LATE JUNJEGOWDA AGED ABOUT 38 YEARS 9. SMT ROOPA W/O RAVI D/O LATE JUNJEGOWDA AGED ABOUT 36 YEARS 10. MARIYAMMA D/O LATE CHANNEGOWDA AGED ABOUT 69 YEARS 11. PUTTALAXMAMMA D/O LATE CHANNEGOWDA AGED ABOUT 67 YEARS R3 TO R11 ARE RESIDING AT DASARAKOPPALU VILLAGE KASABA HOBLI HASSANA ALUK AND DISTRICT 573201 …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:5148 WP No. 28216 of 2025 C/W WP No. 11364 of 2025 THIS W.P. IS FILED THE ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 01-02-2025, PASSED BY THE LEARNED V ADDITIONAL DISTRICT AND SESSIONS COURT PASSED, AT HASSAN IN M.A. NO.14/2018 WHICH IS CHALLENGED ON I.A 3 FILED IN O.S.133/2016, PRODUCED AT ANNEXURE-F CONSEQUENTLY QUASH THE ORDER DATED 29-01-2018 PASSED ON I.A. NO.3 IN O.S. NO.133/2016, BY THE ADDITIONAL SENIOR CIVIL JUDGE AT HASSAN, PRODUCED AT ANNEXURE-D. IN WP NO. 11364/2025 BETWEEN: HANUMANTEGOWDA SON OF LATE CHANNEGOWDA, ABOUT 64 YEARS, OCC EX-SERVICEMAN, RESIDENT OF DASARAKOPPALU VILLAGE, HASSAN-TALLUK DISTRICT 573201 ...PETITIONER (BY SRI. N. RAMAKRISHNA , ADVOCATE ) AND: 1. K SHOBHA WIFE OF B.K. MARIGOWDA, AGED ABOUT 63 YEARS, OCC NOT KNOWN, RESIDING AT DASARAKOPPALU VILLAGE, HASSANA-TALLUK DISTRICT., 573201 2. D.C. KESHAVAGOWDA SON OF LATE CHANNEGOWDA, AGED ABOUT 67 YEARS, RESIDING NEAR THANVI TRISHNA KALYANA MANTAPA, M.G.ROAD, HASSAN 573202. 3. KRISHNARAJU SON OF LATE CHANNEGOWDA AGED ABOUT 66 YEARS, - 4 - HC-KAR NC: 2026:KHC:5148 WP No. 28216 of 2025 C/W WP No. 11364 of 2025 4. JAYAMMA AGED ABOUT 76 YEARS... DAUGHTER OF LATE CHANNEGOWDA 5. CHANNAMMA DAUGHTER OF LATE CHANNEGOWDA AGED ABOUT 74 YEARS,. SMT. LATE AKKAMMA DEAD BY LR’S 6. SMT. REKHA W/O UDAY D/O LATE JUNJEGOWDA AGED ABOUT 42 YEARS 7 8 9 10 VISHWANATH S/O LATE JUNJEGOWDA AGED ABOUT 40 YEARS. ASHOK S/O LATE JUNJUGOWDA AGED ABOUT 38 YEARS SMT. ROOPA W/O RAVI D/O LATE JUNJEGOWDA AGED ABOUT 36 YEARS MARIYAMMA DAUGHTER OF LATE CHANNEGOWDA AGED ABOUT 69 YEARS, 11 PUTTALAXMAMMA, AGED ABOUT 67 YEARS, R3 to R11 ARE RESIDING AT DASARAKOPPALU VILLAGE, KASABA -HOBALI, HASSANA- TALLUK DISTRICT., 573272. ...RESPONDENTS - 5 - HC-KAR NC: 2026:KHC:5148 WP No. 28216 of 2025 C/W WP No. 11364 of 2025 THIS WP IS FILED ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DATED 01.02.2025 PASSED BY THE LEARNED V ADDITIONAL DISTRICT AND SESSIONS COURT, AT HASSAN IN MA NO. 15/2018 PRODUCED AT ANNEXURE -F CONSEQUENTLY QUASH THE ORDER DATED 29.01.2018 PASSED ON IA NO. 2 IN OS NO. 133/2016 BY THE ADDITIONAL SENIOR CIVIL JUDGE AT HASSAN AND PASS SUCH OTHER ORDER OR DIRECTION IN THE INTEREST OF JUSTICE AND EQUITY. 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 In W.P.No.28216/2025, the petitioner seeks for the following relief: i) To quash the order dated 01.02.2025, passed by the learned V Additional District and Sessions Court passed at Hassan in M.A.No.14/2018, which is challenged on I.A.No.3 filed in O.S.No.133/2016, produced at Annexure-F, consequently quash the order dated 29.01.2018 passed on I.A.No.3 in O.S.No.133/2016, by the Additional Senior Civil Judge at Hassan, produced at Annexure-D. In W.P.No.11364/2025, the petitioner seeks for the following relief: - 6 - HC-KAR NC: 2026:KHC:5148 WP No. 28216 of 2025 C/W WP No. 11364 of 2025 i) To quash the order dated 01.02.2025 on I.A.No.2 in O.S.No.133/2016, passed by the learned V Additional District and Sessions Court passed at Hassan in M.A.No.15/2018, produced at Annexure-F consequently quash the order dated 29.01.2018 passed on I.A.No.2 in O.S.No.133/2016, by the Additional Senior Civil Judge at Hassan, produced at Annexure-D. 2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondent is dispensed with. 3. A perusal of the material on record will indicate that the petitioner, who is the defendant is aggrieved by the order of Temporary Injunction passed by the trial Court, which was confirmed by the First Appellate Court. 4. Though several contentions have been urged by both sides in support of their respective claims, having regard to the issues and controversy involved in the suit, which would necessarily have to be adjudicated upon by the trial Court only after a full-fledged trial, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to - 7 - HC-KAR NC: 2026:KHC:5148 WP No. 28216 of 2025 C/W WP No. 11364 of 2025 dispose of both the petitions without interfering with the impugned order by issuing certain directions. 5. In the result, I pass the following: ORDER i) Both the petitions are disposed of without interfering with the impugned order. ii) The Trial Court is directed to dispose of the suit on merits as expeditiously as possible without being influenced by the findings and observations made in the present order. iii) 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.: 1 Sl No.: 46