- 1 - HC-KAR NC: 2026:KHC:4739 WP No. 33638 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. 33638 OF 2025 (GM-CPC) BETWEEN: 1. K.N. GOPE GOWDA S/O LATE NARASIMHAIAH, AGED ABOUT 77 YEARS, 2. NINGAMMA W/O K.N.GOPAL GOWDA, AGED ABOUT 72 YEARS, 3. HARISH GOWDA.K.G S/O K.N.GOPALGOWDA, AGED ABOUT 44 YEARS, 4. UMESH. K.G S/O K.N. GOPALGOWDA, AGED ABOUT 43 YEARS, ALL ARE RESIDING AT V. KOPPA VILLAGE, MAYASANDRA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT-572227. …PETITIONERS (BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE) AND: 1. ANANDA K.G. S/O K.N.GOPALGOWDA, AGED ABOUT 52 YEARS 2. KRISHNAMURTHY.K.G, S/O K.N.GOPALGOWDA, AGED ABOUT 51 YEARS, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4739 WP No. 33638 of 2025 RESPONDENT NO.1 AND 2 ARE RESIDING AT V. KOPPA VILLAGE, MAYASANDRA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT-572227. 3. BETTASWAMY GOWDA.K.G. S/O K.N.GOPALGOWDA, AGED ABOUT 50 YEARS, RESIDING AT NO. 21, 1ST MAIN ROAD, KOILANAGAR, VISHWANEEDAM POST, ANDRAHALLY, BENGALURU NORTH-560091. 4. RAJU.K.B S/O LATE BASAVARAJU, AGED ABOUT 49 YEARS, RESIDING AT NO.289, 4TH CROSS, 5TH MAIN ROAD, JKW LAYOUT, BENGALURU-560040. …RESPONDENTS (BY SRI. N. ANJANGOWDA, ADVOCATE FOR CAVEATORS/RESPONDENT NOs.1 AND 2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.09.2024 PASSED IN O.S. NO.13/2024 BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT TURUVEKERE PRODUCED AT ANNEXURE-F 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, the petitioners seek the following reliefs: "a) Issue writ of certiorari or similar writ, order or direction to quash the order dated 18.09.2024 passed in - 3 - HC-KAR NC: 2026:KHC:4739 WP No. 33638 of 2025 O.S. No.13/2024 by the Learned Senior Civil Judge and JMFC at Turuvekere produced at Annexure-F; b) Issue writ of certiorari or similar writ, order or direction to quash the order dated 09.09.2025 passed in M.A. No.10015/2024 by the Learned V Addl. District and Sessions Judge, Tumkur (Sitting at Tiptur) produced at Annexure-H; c) dismiss the l.A. No.I filed by the respondent No.1 to 3/Plaintiffs under Order 39 Rule 1 and 2 of CPC in O.S. No.13/2024 on the file of the Learned Senior Civil Judge and JMFC at Turuvekere produced at Annexure-B and d) Issue any other writ, order or directions as this Hon'ble Court deem fit to grant in the facts and circumstances of the case, in the interest of justice and equity." 2. After arguing the matter for some time, learned counsel for the petitioners submits that the petition may be disposed of directing the Trial Court to dispose of the suit within a stipulated time frame. 3. His submission is placed on record. 4. The petition stands disposed of directing the Trial Court to dispose of the suit in O.S. No.13/2024 on merits as - 4 - HC-KAR NC: 2026:KHC:4739 WP No. 33638 of 2025 expeditiously as possible and preferably, within a period of one year from the date of receipt of a copy of this order. 5. Both parties are directed to cooperate with the Trial Court for expeditious disposal of the suit. 6. The Trial Court shall dispose of the suit on merits without being influenced by the findings and observations recorded in the impugned orders passed by the Trial Court and the first Appellate Court. 7. All rival contentions between the parties are kept open to be decided by the Trial Court in accordance with law and no opinion is expressed on merits / demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA/List No.: 1 Sl No.: 10