- 1 - HC-KAR NC: 2026:KHC:3665 WP No. 35249 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35249 OF 2025 (GM-CPC) BETWEEN: 1. SRI. PUTTASWAMAIAH S/O. LATE THIMMAIAH, AGED ABOUT 77 YEARS, 2. SRI VENKATESH S/O PUTTASWAMAIAH AGE ABOUT 45 YEARS BOTH ARE R/AT NAVILE HOSUR VILLAGE, BAGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116 …PETITIONERS (BY SRI. PANCHAM R D., ADVOCATE) AND: 1. SMT. NINGAMMA W/O LATE NINGAPPA AGED ABOUT 75 YEARS, R/AT NAVILEHOUSE VILLAGE, BAGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3665 WP No. 35249 of 2025 DATED 01.09.2025 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC CHANNARAYAPATNA IN MA NO. 4/2025 VIDE ANNX-A 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 This petition by the defendants in O.S.No.621/2024 is directed against the impugned order dated 17.02.2025 passed by the II Additional Civil Judge and JMFC, Channarayapatna, Hassan, whereby the application-I.A.No.1 filed by the respondent/plaintiff under Order XXXIX Rule 1 and 2 of CPC was allowed by the trial Court and confirmed by the first appellate Court in M.A.No.4/2025, whereby the first appellate Court dismissed the said appeal filed by the petitioners vide final order dated 01.09.2025. 2. Heard learned counsel appearing for the petitioners and perused the material on record. 3. A perusal of the material on record will indicate that the issues in controversy between the parties would necessarily have to be decided only after a full-fledged trial. - 3 - HC-KAR NC: 2026:KHC:3665 WP No. 35249 of 2025 4. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions, I deemed it just and appropriate to dispose of this petition directing the trial Court to dispose of the suit on merits as expeditiously as possible without being influenced by the findings and observations recorded in the impugned order passed by the trial Court as well as the impugned order passed by the first appellate Court. Subject to the aforesaid directions and leaving open all contentions to be decided by the trial Court, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 15