- 1 - HC-KAR NC: 2026:KHC:10925 WP No. 1332 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1332 OF 2026 (GM-CPC) BETWEEN: 1. ACHALANANDA MAJOR, AGED ABEUT 47 YEARS I/O SRI. NITYANANDA DHYANAPEETA, KALLUGOPAHALLI, BID BIDADI HOBLI, RAMANAGARA TALUK – 562 109. 2. SUREKHA MAJOR, AGED ABOUT 32 YEARS I/O SRI. NITYANANDA DHYANAPEETA, KALLUGOPAHALLI, BIDADI HOBLI, RAMANAGARA TALUK – 562 109. …PETITIONERS (BY SRI. MAHESH ARKALGUD SRIKANTH, ADVOCATE) AND: 1. SRI RAVI ANKINEEDU PRASAD RAO S/O LT SUBBARAYUDU AGED ABOUT 80 YEARS R/A NO. 138, 4TH A CORSS KASTHURINAGAR BENGALURU - 560 043. REPRESENTED BY GPA HOLDER VENKATACHALAPATHI K P S/O PARTHAARATHI GOWDA AGED ABOUT 48 YEARS R/A NO. 183, SONNAPPA NILAYA 10TH CROSS, KODIHALLI MAIN ROAD BENGALURU - 560 008. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10925 WP No. 1332 of 2026 2. SRI. LOGANAYAKI W/O LATE ARUNACHALAM, AGED 62 YEARS, SRI. NITYANANDA DHYANAPEETA, KALLUGOPAHALLI, BIDADI HOBLI, RAMANAGARA TALUK – 562 109. 3. SMT. SIDDAMMA W/O BADRAIAH, AGED ABOUT 77 YEARS, R/AT RAMAKRISHNAIAH DODDI, BIDADI HOBLI, RAMANAGARA TALUK – 562 109. 4. NITHYA NIRMAYANANDA AGED ABOUT 32 YEARS, SRI. NITYANANDA DHYANAPEETA, KALLUGOPAHALLI, BIDADI HOBLI, RAMANAGARA TALUK – 562 109. 5. MAHAPRANAPRIYA AGED ABOUT 34 YEARS, SRI. NITYANANDA DHYANAPEETA, KALLUGOPAHALLI, BIDADI HOBLI, RAMANAGARA TALUK – 562 109. …RESPONDENTS (BY SRI. BALAPPA HIREKURABAR, ADVOCATE FOR R-1 VIDE ORDER DATED: 23.01.2026, NOTICE TO R-2 TO R-5 IS D/W) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 27.11.2025 (ANNEXURE-G) PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT RAMANAGARA IN M.A. NO.38/2025 IN SO FAR AS IT PERTAINS TO NON-CONSIDERATION OF THE APPLICATION FOR INTERIM STAY BY ISSUING A WRIT OF CERTIORARI OR ANY OTHER ORDER OR WRIT AND CONSEQUENTLY DIRECT THE TRIAL COURT TO CONSIDER THE I.A. NO. 1 FOR STAY IN A TIME BOUND AND EXPEDITIOUS MANNER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:10925 WP No. 1332 of 2026 ORAL ORDER In this petition, petitioner seeks the following reliefs: “ a) SET- ASIDE the impugned order dated 27.11.2025 (Annexure-G) passed by the Principal Senior Civil Judge and CJM at Ramnagara in M.A No.38 /2025 in so far as it pertains to Non- consideration of I.A No.1 filed under Order m XLI Rule 5 Code of Civil Procedure, 1908 by issuing a Writ of Certiorari or any other Order or Writ and consequently direct the Hon'ble Principal Senior Civil Judge & CJM at Ramnagara (Annexure- A(i) ) to consider the I.A No.1 for stay in a time bound and expeditious manner. b) Pass any such Order/s that this Hon'ble Court deems fit.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent No.1 and perused the material on record. 3. When the matter came up before this Court on 23.01.2026, this Court passed the following interim order: “Heard. Issue emergent notice to the respondent No.1 returnable by 20.02.2026. - 4 - HC-KAR NC: 2026:KHC:10925 WP No. 1332 of 2026 In view of submission made by learned counsel for the petitioners, service of notice to respondent Nos.2 to 5 is dispensed with at the risk of the petitioners. In addition, learned counsel for the petitioners is permitted to serve learned counsel for the respondents before the Trial Court as well as First Appellate Court. In the meanwhile, parties are directed to maintain status-quo in all respects as on today, in relation to the suit schedule properties, till the next date of hearing. Liberty is reserved in favour of the respondents to seek vacation / modification of this order.” 4. Though several contentions have been urged by both sides in support of their respective claim, since the respondents have entered appearance in the appeal in M.A.No.38/2025, I deem it just and appropriate to dispose of this petition by directing the First Appellate Court to dispose of M.A.No.38/2025 in accordance with law within a period of 2 months from the next date of hearing of the appeal, which stands posted on 21.04.2026 and in accordance with law. 5. It is further directed that the aforesaid interim order passed by this Court in the present petition, shall continue to remain in force and operate between the parties till disposal of the - 5 - HC-KAR NC: 2026:KHC:10925 WP No. 1332 of 2026 appeal by the First Appellate Court without prejudice to the rights and contentions of the parties and the First Appellate Court shall dispose of the appeal without being influenced by the findings and observations recorded in the present petition within a period of two months from 21.04.2026. 6. 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.: 80