- 1 - HC-KAR NC: 2026:KHC:930 WP No. 32567 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 32567 OF 2025 (GM-CPC) BETWEEN: 1. SMT. SHARDHAMMA W/O LATE SONNAPPA AGED ABOUT 56 YEARS, 2. SRI NANJUNDA GOWDA S/O LATE SONNAPPA AGED ABOUT 41 YEARS, 3. SRI PRAKASH S/O LATE SONNAPPA, AGED ABOUT 38 YEARS 4. SMT. RAJAMMA W/O N. JANARDHANA AGED ABOUT 51 YEARS 5. SRI BASAVARAJA S/O N. JANARDHANA AGED ABOUT 36 YEARS, 6. SMT. CHAYTHRA W/O VENKATESH, D/O N. JANARDHANA, AGED ABOUT 33 YEARS, PETITIONERS ARE ALL RESIDING AT LAKKONDAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT, PIN – 562 114. …PETITIONERS (BY SRI. C. M. NAGABUSHANA, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:930 WP No. 32567 of 2025 AND: 1. SMT. K. GIRIJA W/O K. AMARESH BABU, AGED ABOUT 41 YEARS, R/AT NO.254, 2ND MAIN, 13TH CROSS, VIGNANA NAGAR, NEW THIPPASANDRA POST, BENGALURU – 560 075. 2. SRI, SHIVARAJ, S/O LATE SONNAPPA, AGED ABOUT 36 YEARS, LAKKONDAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 17.01.2025 PASSED IN MA NO. 67/2022 BY THE SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE AT ANNX-G AND THEREBY DISMISS THE IA NO. 1 FILED BY THE PLAINTIFF/ RESPONDENT UNDER ORDER XXXIX RULE 1 AND 2 CPC IN OS NO. 192/2016 AT ANNX-C BY CONFIRMING THE ORDER DATED 21.07.2017 IN OS NO. 192/2016 PASSED BY PRL. CIVIL JUDGE AND JMFC, HOSAKOTE AT ANNX-E. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek for the following reliefs:- “a) Set aside the order dated 17.01.2025 passed in M.A.No.67/2022 by the Senior Civil Judge and JMFC, Hosakote at Annexure-G and thereby dismiss the I.A.No.1 filed by the plaintiff/respondent under Order - 3 - HC-KAR NC: 2026:KHC:930 WP No. 32567 of 2025 XXXIX Rule 1 and 2 CPC in OS No.192/2016 at Annexure-C, by confirming the Order dated 21.07.2017 in O.S.No.192/2016 passed by Principal Civil Judge and JMFC, Hosakote at Annexure-E. b) To pass any appropriate orders as this Honb’le Court deems fit on the facts and circumstances of the present case in the interest of justice and equity. 2. Heard learned counsel for the petitioner and perused the material on record. 3. Learned counsel for the petitioner submits that the petitioners have completed the construction on the property in question and has let out the shops in favour of third parties. It is accordingly submitted that the present petition may be disposed of directing the trial Court to dispose of the suit in accordance with law without being influenced by the findings and observations recorded in M.A.No.67/2022 by the Senior Civil Judge and JMFC, Hosakote. 4. In view of the aforesaid facts and circumstances and submissions made on behalf of the petitioner, I deem it just and appropriate to dispose of this petition by issuing certain directions. 5. In the result, I pass the following: - 4 - HC-KAR NC: 2026:KHC:930 WP No. 32567 of 2025 ORDER i) The petition is hereby disposed of without interfering with the impugned order. ii) The trial Court is directed to dispose of the suit on merits without being influenced by the findings and observations recorded in the impugned order in M.A.No.67/2022 passed by the Senior Civil Judge and JMFC, Hosakote and in accordance with law. iii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 47