- 1 - HC-KAR NC: 2026:KHC:4740 WP No. 37207 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. 37207 OF 2025 (GM-CPC) BETWEEN: H.B. SHIVU S/O BASAVEGOWDA AGED ABOUT 49 YEARS R/AT NO.13, 4TH MAIN ROAD, PUBLIC SCHOOL, KEMPEGOWDA EXTN, LAGGERE, PEENYA INDUSTRIAL AREA, BENGALURU-560058 …PETITIONER (BY SRI. HANUMANTHAPPA B. HARAVIGOWDAR, ADVOCATE) AND: H.C. CHELUVARAJU S/O LATE H.K.CHELUVAIAH AGED ABOUT 77 YEARS, R/AT K.HONNALAGERE VILLAGE, KASABA HOBLI, MADURU TALUK, MANDYA DISTRICT-571828 …RESPONDENT (BY SRI. VINOD KUMAR B.N., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED JUDGMENT AND ORDER PASSED BY THE IVTH ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA IN M.A.NO.5/2022 DATED 11.11.2025 VIDE ANNEXURE-W WITH IMMEDIATE EFFECT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4740 WP No. 37207 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "i. Issue a Writ in the nature of certiorari quashing of impugned judgment and order passed by the IVth Addl. District & Sessions Judge at Mandya, in M.A.No.5/2022 dated 11-11-2025, vide Annexure-W, with immediate effect. ii. Issue any other order or direction as this Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity." 2. After arguing the matter for sometime, the learned counsel for the petitioner submitted that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to file appropriate applications seeking suitable reliefs in O.S. No.99/2021 as well as the suit in O.S. No.539/2022 with a direction to the Trial Court to dispose of the applications in accordance with law. 3. Per contra, the learned counsel for the respondent submits that if the petitioner files such application(s), the respondent may be granted liberty to file objections to the said - 3 - HC-KAR NC: 2026:KHC:4740 WP No. 37207 of 2025 application(s) and the Trial Court may be directed to dispose of the said application(s) in accordance with law. 4. In view of the aforesaid facts and circumstances and joint submissions made by both sides, this petition is disposed of reserving liberty in favour of the petitioner to file appropriate application(s) in the suits in O.S. No.99/2021 and O.S No.539/2022. If the petitioner files application(s), the Trial Court shall provide an opportunity to the respondent to file objections to the application(s) and thereafter, dispose of the application(s) in accordance with law. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits / de-merits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 1 Sl No.: 13