- 1 - HC-KAR NC: 2026:KHC:10125 WP No. 25054 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 25054 OF 2024 (GM-CPC) BETWEEN: 1. SRI. H.R. RAJAPPA S/O LATE BANAPPA, AGED ABOUT 67 YEARS, R/O HODIGERE VILLAGE AND POST, HODIGERE HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. 2. SRI. SHANKARAPPA S/O LATE BANAPPA, AGED ABOUT 64 YEARS, R/O HODIGERE VILLAGE AND POST, HODIGERE HOBLI, CHANNAGIRI TALUK 3. SRI. KUBENDRAPPA S/O LATE BANGAPPA, AGED ABOUT 61 YEARS, R/O HODIGERE VILLAGE AND POST, HODIGERE HOBLI, CHANNAGIRI TALUK. 4. SMT. HIRIYAMMA D/O LATE BANGAPPA, AGED ABOUT 59 YEARS, R/O BABAVALLI VILLAGE AND POST, HARIHARA TALUK, DAVANAGERE DISTRICT. 5. SRI. BASAPPA B. S/O LATE BANGAPPA, AGED ABOUT 55 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10125 WP No. 25054 of 2024 R/O HODIGERE VILLAGE AND POST, HODIGERE HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. 6. SMT. SHANKARAMMA D/O LATE BANAPPA, AGED ABOUT 49 YEARS, 7. SRI. KENCHABANAPPA H.B. S/O LATE BANAPPA, AGED ABOUT 51 YEARS, R/O HODIGERE VILLAGE AND POST, HODIGERE HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. …PETITIONERS (BY SMT. AKSHATHA SHETTY K., ADVOCATE) AND: 1. SRI. SHANKARAPPA S/O SANKAPPA, AGED ABOUT 77 YEARS, OCCU: AGRICULTURIST, R/O ITAGE, BULLUSAGARA POST, CHANNAGIRI TALUK. 2. SRI. THIPPESHAPPA AGED ABOUT 51 YEARS, R/O ITAGE, BULLUSAGARA POST, CHANNAGIRI TALUK. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: (1) SET ASIDE THE FINAL IMPUGNED ORDER DATED 18.06.2024, PASSED IN O.S.NO.215/2017, BY THE HON’BLE PRL. JUNIOR CIVIL JUDGE AND JMFC AT CHANNAGIRI, VIDE ANNEXURE-A; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:10125 WP No. 25054 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seeks the following reliefs: “1) To set aside the final impugned order dated 18.06.2024, passed in O.S.No.215/2017, by the Hon'ble Prl. Junior Civil Judge & JMFC at Chanangiri, vide Annexure-A. 2) To restore back the proceedings in OS No.215/2017 for complete trail. 3) To grant such other relief/s as this Hon'ble Court may deem fit in the circumstances of the case in the interest of justice and equity. 4) To grant costs of the above Petition.” 2. Learned counsel for the petitioners has filed a memo seeking withdrawal of the petition with liberty to file a Regular Appeal (RA) before the jurisdictional Appellate Court. 3. Memo is placed on record. 4. Petition stands disposed of reserving liberty in favour of the petitioners to file a Regular Appeal (RA) before the jurisdictional Appellate Court. If such an appeal is filed by the - 4 - HC-KAR NC: 2026:KHC:10125 WP No. 25054 of 2024 petitioner within a period of 6 weeks from today, petitioners would be entitled to the benefit of Section 14 of the Limitation Act. 5. Registry is directed to return back all the papers to the learned counsel for the petitioners forthwith without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE HB List No.: 1 Sl No.: 18