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2026 DAILYLAW 52059 (KAR)

SRI N S LOKESHWARAPPA v. SRI RUDRESH S C

WP/39021/2025 · 2026-01-21

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3370 WP No. 39021 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 39021 OF 2025 (GM-CPC) BETWEEN: SRI N. S. LOKESHWARAPPA, S/O BASAPPA, AGED ABOUT 77 YEARS R/AT VADEYARAHATTURU VILLAGE, NYAMATHI TALUK, DAVANAGERE DISTRICT – 577 223 …PETITIONER (BY SRI. NATARAJ BABA K., ADVOCATE) AND: 1. SRI RUDRESH S. C. S/O N.S. CHANNAPPA AGED ABOUT 52 YEARS, R/AT VADERAHATTUR VILLAGE, NYAMATHI TALUK, PRESENTLY R/AT H.NO. 868, 1ST FLOOR, 1ST “C” MAIN ROAD, 9TH BLOCK, 2ND STAGE, NAGARABHAVI, BENGALURU – 560 072. 2. N. S. CHANNAPPA S/O BASAPPA AGED ABOUT 87 YEARS, AN AGRICULTURIST, R/A VADEYARAHATTUR VILLAGE, NYAMATHI TALUK, DAVANAGERE DISTRICT – 577 223 3. SMT. S. C. PUSHPA W/O KURUVA BASAVARAJ, AGED ABOUT 57 YEARS, HOME-MAKER, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3370 WP No. 39021 of 2025 R/A PLOT NO.117, (AHORA AKHIRA), 1ST FLOOR, SAI SRI HERITAGE APARTMENT, KODIPALYA CIRCLE, UTTARHALLI MAIN ROAD, KENGERI, BENGALURU – 560 060 4. SMT. S. C. CHANDRALEKHA W/O R.S. JAGADISHAPPA, AGED ABOUT 55 YEARS, HOME-MAKER, R/A OPPOSITE TO MVH SCHOOL, VADEYARAHATTUR VILLAGE, NYAMATHI TALUK, DAVANAGERE DISTRICT – 577 223 5. SMT. S. C. RAJESHWARI W/O B. N. KUMAR, AGED ABOUT 53 YEARS, HOME-MAKER, R/A H NO 886, “VANYA”, 50TH MAIN ROAD, 25TH CROSS ROAD, KUMARA SWAMY LAYOUT, BENAGLURU – 560 078 6. SRI. S .C. GIRISH S/O N. S. CHANNAPPA, AGED ABOUT 46 YEARS, AN AGRICULTURIST, R/A VEDAYARAHATTHUR VILLAGE, NYAMATHI TALUK, DAVANAGERE DISTRICT – 577 223 7. KUM. DIVYA M. S. D/O M. S. SATHISH, AGED ABOUT 30 YEARS, NO. 255, BINDU NILAYA, LBS NAGARA, NAVULE, SHIVAMOGGA – 577 204. 8. SRI. R.S JAGADEESHAPPA S/O SIDDAPPA, AGED ABOUT 62 YEARS, - 3 - HC-KAR NC: 2026:KHC:3370 WP No. 39021 of 2025 AN AGRICULTURIST, R/A OPPOSITE TO MVH SCHOOL, VADEYARAHATTUR VILLAGE, NYAMATHI TALUK, DAVANAGERE DISTRICT – 577 223 9. SMT. R. VISHALAKSHI W/O S. C. GIRISHA, AGED ABOUT 41 YEARS, AN AGRICULTURIST, R/A VADERAHATTUR VILLAGE, NYAMATHI TALUK, DAVANAGERE DISTRICT – 577 223 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.11.2024 AND COMPROMISE DECREE PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT HARIHARA IN O.S.NO. 147/2023 VIDE ANNEXURE-A AND B 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, petitioner seeks the following reliefs: a) Issue a writ, order or direction/s in the nature of certiorari setting-aside the impugned order dated 30.11.2024 and compromise decree passed by the Senior Civil Judge and JMFC at Harihara in O.S.No.147/2023 vide Annexure-‘A’ and ‘B’. b) Issue any other appropriate writ, order or direction/s as this Hon’ble Court deems fit under the facts and - 4 - HC-KAR NC: 2026:KHC:3370 WP No. 39021 of 2025 circumstances of the case, in the interest of justice and equity. 2. After arguing the matter for sometime, learned counsel for the petitioner seeks permission to withdraw the petition with liberty to file appropriate application/petition before the Trial Court. 3. The aforesaid submission is placed on record. 4. Accordingly, the petition disposed of as withdrawn reserving liberty in favour of the petitioner to file appropriate application/petition before the Trial Court. 5. Subject to the aforesaid liberty reserved in favour of petitioner, petition stands disposed of. 6. All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 25