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2026 DAILYLAW 5739 (KAR)

SRI UTTARADI MUTT v. SRI GOPAL KRISHNA S/O DR. H RAM RAO

WP/100873/2026 · 2026-02-12

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2170 WP No. 100873 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100873 OF 2026 (GM-CPC) BETWEEN: SRI. UTTARADI MUTT, REP. BY ITS PEETADIPATHI, SRI. SATYATMA TEERTHA SWAMIJI, UTTARADI MUTT, BASAVANGUDI, NEAR NATIONAL COLLEGE, BENGALURU-560085, REP. BY GPA HOLDER, SRI. C.V. RAVINDRAN. …PETITIONER (BY SRI. ABHISHEK R.HUDDAR, ADVOCATE) AND: 1. SRI. GOPAL KRISHNA S/O. DR. H.K. RAM RAO, AGED ABOUT 57 YEARS, R/A. NO.1-1-110, WARD NO.1, PAMPANAGAR, GANGAVATI TALUK, KOPPAL-583227. 2. SRI. VENKATESH G.N. S/O. NAGARAJ ACHAR G., AGED ABOUT 55 YEARS, R/A. #60, 12TH CROSS, 12TH MAIN ROAD, BEHIND RAGHAVENDRA SWAMY MUTT, SRINAGAR, BANASHANKARI, BENGALURU SOUTH-560050. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.18 10:45:04 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2170 WP No. 100873 of 2026 3. SRI. KISHAN RAO S/O. RAGHAVENDRA RAO, AGED ABOUT 66 YEARS, R/A. 1/138 A, GHORKAL, MANVI TQ, RAICHUR- 584203. 4. SRI. K MARUTHI GURUPRASAD S/O. K. BHEEMASENA RAO, AGED ABOUT 52 YEARS, R/A. FLAT NO.102, SHIVA PARADISE, 1 APARTMENT, MUNISWAMY LAYOUT, UTTARAHALLI, BEHIND SUBRAMANYAPURA POLICE STATION, BENGALURU-560061. 5. SRI. D NARASINGA RAO S/O. D. KISHAN RAO, AGED ABOUT 66 YEARS, R/A. ANUGRAHA NILAYA, JAYANAGAR, 3RD STAGE, NEAR ST. PAULS SCHOOL, GANGAVATI-583227. 6. SRI. RAM KUMAR S/O. N. SUBRAMANYAM, AGED ABOUT 51 YEARS, R/A. NO.977/A/9, 13TH MAIN, 8TH CROSS, SRINAGAR, BENGALURU-560050. 7. VASUKI PRASANNA DESAI W/O. PRASANNA DESAI, AGED ABOUT 50 YEARS, R/O. MR 26 NEXT SHANTHINIKETHAN SCHOOL BTM LAYOUT, BENGALURU-560056. 8. RAGHUNATH BADRINATH SOSALE S/O. BADRINATH S.P., AGED ABOUT 57 YEARS, NO.41, 9TH CROSS, KENDRIYA NAGAR, BSK 6TH STAGE, SOMAPURA, - 3 - HC-KAR NC: 2026:KHC-D:2170 WP No. 100873 of 2026 EXIT HOSAHALLI, THALAGHATTAPURA, BENGALURU, KARNATAKA-560062. 9. AMITH BHARADWAJ S/O. SRINIVASAMURTHY, AGED ABOUT 37 YEARS, NO.1077, 15TH MAIN, SRINAGAR, BENGALURU-560050. 10. PRABHANJAN MUTTAGI S/O. M.L. NARAYANACHAR, AGED ABOUT 49 YEARS, R/O. NO.12, PAYONIDHI, 1ST MAIN, 1ST CROSS, MANJUNATH NAGAR, ITTAMADU, BENGALURU-560085. 11. SRI RAGHAVENDRA SWAMY MUTT REP. BY ITS PEETADHIPATHI, SRI SUBUDHENDRA THEERATHARU, MANTRALAYAM, YEMIGANUR TALUK, KURNOOL DISTRICT, ANDHRA PRADESH-518345. 12. SRI SOSALE VYASARAJ MUTT REP BY ITS PEETADHIPATHI, SRI VIDYASHREESHA THEERTHARU, RESIDENT OF KRISHNAMURTYAPURAM, MYSORE-570001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE APPROPRIATE WRIT OR ORDER OR DIRECTION TO THE TRIAL COURT TO NOT PROCEED WITH THE PROCEEDINGS IN O.S. NO.35/2024 ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, GANGAVATHI AT ANNEXURE-K, TILL THE DISPOSAL OF CIVIL APPEAL NO.13706/2024 AND SLP NOS.7374-7375/2025 PENDING BEFORE THE HON’BLE SUPREME COURT OF INDIA VIDE ANNEXURES F AND D OR TILL RECORDING OF THE COMPROMISE/SETTLEMENT ARRIVED AT BETWEEN THE PETITIONER AND RESPONDENT NO.11, IN THE INTEREST OF JUSTICE AND EQUITY; B) PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT MAY DEEM FIT, PROPER, AND NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE CASE. - 4 - HC-KAR NC: 2026:KHC-D:2170 WP No. 100873 of 2026 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “A) Issue appropriate writ or order or direction to the trial court to not proceed with the proceedings in O.S. No.35/2024 on the file of the Learned Principal Civil Judge and JMFC, Gangavathi at Annexure-K, till the disposal of Civil Appeal No.13706/2024 and SLP Nos.7374-7375/2025 pending before the Hon’ble Supreme Court of India vide Annexures F and D or till recording of the compromise/settlement arrived at between the Petitioner and Respondent No.11, in the interest of justice and equity; B) Pass such other order or orders as this hon’ble court may deem fit, proper, and necessary in the facts and circumstances of the case.” 2. It is the case of the petitioner that, the petitioner had filed a memo seeking not to proceed with the proceedings in O.S. No.35/2024 pending on the file of the Principal Civil Judge, J.M.F.C., Gangavathi (hereinafter referred to as ‘the trial Court’, for short) till the disposal of Civil Appeal No.13706/2024 and SLP proceedings. It is the case of the petitioner that, the trial Court is proceeding with the matter. As such, they have come before this Court. - 5 - HC-KAR NC: 2026:KHC-D:2170 WP No. 100873 of 2026 3. Having heard the counsel appearing of the petitioner, perused the material on record. The petitioner wants the stay of the proceedings till the SLP is decided. Thus, he has filed a memo before the trial Court. The plaintiff prays time for objection to the said memo and defendant No.2 submitted that there is no settlement in respect to the suit property from the Supreme Court of India and prays time to file objections. Hence, the trial Court has adjourned the matter to 07.02.2026 for filing the objections. In the meantime, the present writ petition is filed. The petitioner cannot come before this Court seeking such a relief. If any application is not heard by the Court, it can seek a direction from this Court to expedite the hearing and just because the Court has given time to file the objection, that is also till 07.02.2026, now already we are on 12.02.2022 and the petitioner cannot seek a direction from this Court on whatsoever reason to stay the proceedings of the trial Court and it is impermissible. The petitioner has to invite an order from the trial Court, but not from this Court. Accordingly, the petitioner cannot maintain this writ petition with the relief as sought for. However, considering the facts and circumstances of the case, this Court is passing the following: - 6 - HC-KAR NC: 2026:KHC-D:2170 WP No. 100873 of 2026 ORDER (i) The trial Court shall consider the memo filed by the petitioner as expeditiously as possible and after hearing the parties, the same shall be disposed of. (ii) This Court is not proposing to issue notice to the respondents as this Court is not passing any order adverse to the interest of the respondents. (iii) Accordingly, the writ petition is disposed of. (iv) All I.As. in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 1 Sl No.: 10