- 1 - HC-KAR NC: 2026:KHC:104 WP No. 36296 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 36296 OF 2025 (GM-CPC) BETWEEN: 1. SMT. SWARNALATHA D/O LATE ANANDA SUVARNA, AGED ABOUT 41 YEARS, R/AT DASAKODI HOUSE, BALTHILA VILLAGE, BANTWAL TALUK 2. SMT. NIRMALA, W/O LATE ANANDA SUVARNA, AGED ABOUT 71 YEARS, R/AT DASAKODI HOUSE, BALTHILA VILLAGE, BANTWAL TALUK 3. SMT. PRAFULLA ALIAS PRIYA W/O ASHOK, AGED ABOUT 49 YEARS, R/AT DURGAMBA NILAYA, BIRPURGUDDE, KEMANJUR, ADYAR, MANGALORE 4. SRI. ASHOK, S/O MADHAVA POOJARY, AGED ABOUT 51 YEARS, R/AT DURGAMBA NILAYA, BIRPURGUDDE, KEMANJUR, ADYAR, MANGALORE …PETITIONERS (BY SRI. M RAJASHEKAR, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:104 WP No. 36296 of 2025 AND: SMT ISHWARI ALIAS NISMITHA D/O LATE RAGHAVA POOJARY, AGED ABOUT 49 YEARS, R/AT MITHOOR KOLPE HOUSE, IDKIDU VILLAGE AND POST, BANTWAL TALUK, DAKSHINA KANNADA – 574 220 …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION OF APPROPRIATE NATURE QUASHING THE IMPUGNED ORDER DATED- 03-07-2025 PASSED ON I.A.NO.II IN O.S. NO.143/2025 BY THE LEARNED CIVIL JUDGE AND JMFC, BANTWAL, D.K., VIDE ANNEXURE – E, WHCIHB HAS BEEN CONFIRMED BY THE 1ST APPELLATE COURT IN M.A.5/2025 VIDE ORDER DATED 29.08.2025 VIDE ANNEXURE-G. 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, petitioners seek for the following reliefs:- “a) Writ of Certiorari or any other writ or order or direction of appropriate nature quashing the Impugned Order dated: 03.07.2025 passed on I.A.No.II in O.S.No.143/2025 by the Learned Civil Judge & JMFC, Bantwal, D.K., vide Annexure-E which has been confirmed by the 1st Appellate Court in M.A.No.5/2025 vide order dated 29.08.2025 vide Annexure-G. b) Writ or order or direction of appropriate nature as this Hon’ble Court deems fit in the facts and - 3 - HC-KAR NC: 2026:KHC:104 WP No. 36296 of 2025 circumstances of the case including the costs on such terms and conditions that this Hon’ble Court deem fit, 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 petitioner submits that the petition may be disposed of by directing the Trial Court to dispose of the suit as expeditiously as possible without being influenced by the findings and observations recorded in the impugned orders by the Trial Court and the First Appellate Court and all contentions of both the parties are kept open. 3. Accordingly, the petition is disposed of directing the Trial Court to dispose of the suit as expeditiously as possible without being influenced by the findings and observations recorded in the impugned order dated 03.07.2025 passed on I.A.No.II in O.S.No.143/2025 by the Principal Civil Judge and JMFC, Bantwal, D.K., and the impugned order dated 29.08.2025 passed in M.A.No.5/2025 on the file of the Senior Civil Judge and JMFC, Bantwal, Dakshina Kannada. 4. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. - 4 - HC-KAR NC: 2026:KHC:104 WP No. 36296 of 2025 5. Both parties are directed to co-operate with the Trial Court for expeditious disposal of the suit. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 32