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2026 DAILYLAW 7710 (KAR)

SRI H L PUTTARAJAIAH v. SRI H M VENKATESH

WP/24414/2025 · 2026-02-11

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8497 WP No. 24414 of 2025 C/W WP No. 27407 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24414 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 27407 OF 2025 (GM-CPC) IN WP No. 24414/2025 BETWEEN: 1. SRI H. L. PUTTARAJAIAH, S/O. LATE LINGEGOWDA, AGED ABOUT 78 YEARS 2. SRI. HARISHA, S/O. H.L. PUTTARAJU, AGED ABOUT 40 YEARS NOTE LATE H.L. SHANKARE GOWDA, S/O LATE LINGEGOWDA SINCE DEAD REPRESENTED BY HIS LR WHO IS ALREADY ON RECORD AS JUDGMENT DEBTOR NO.4 – PETITIONER NO.3 3. SRI. RAGHAVENDRA, S/O. LATE H.L. SHANKAREGOWDA, AGED ABOUT 40 YEARS ALL ARE RESIDING AT HALTHI VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT, KARNATAKA – 571 432 …PETITIONERS (BY SRI. D. S. JAYARAJ, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8497 WP No. 24414 of 2025 C/W WP No. 27407 of 2025 AND: SRI H. M. VENKATESH, S/O. LATE MUDALAGIRIGOWDA, AGED ABOUT 72 YEARS, RESIDING AT HALTHI VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT, KARNATAKA – 571 432 …RESPONDENT (BY SRI. PRAMOD NAIR, SENIOR COUNSEL FOR SRI. R. S. UMESH, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 09.04.2025 PASSED BY THE HONBLE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC, NAGAMANGALA IN ALLOWING IA NO. 1 FILED BY THE DECREE HOLDER RESPONDENT IN EX. PET. NO. 11/2023 VIDE ANNEXURE-A2. IN WP NO. 27407/2025 BETWEEN: 1. SRI. H. L. PUTTARAJU S/O LATE LINGEGOWDA, AGED ABOUT 71 YEARS LATE H.L. SHANKAREGOWDA, S/O. LATE LINGEGOWDA SINCE DEAD REPRESENTED BY HIS LRS' WHO ARE ALREADY ON RECORD AS APPELLANT NOS. 2 (A) TO 2 (C) 2. SMT. KAVITHA H.S., D/O. LATE H.L. SHANKAREGOWDA, W/O. RAVI KUMAR, AGED ABOUT 49 YEARS 3. SRI. RAGAVENDRA H.S., S/O. LATE H.L. SHANKAREGOWDA, AGED ABOUT 47 YEARS - 3 - HC-KAR NC: 2026:KHC:8497 WP No. 24414 of 2025 C/W WP No. 27407 of 2025 4. SMT. SAVITHA H.S., D/O. LATE H.L. SHANKAREGOWDA, W/O. SAMPATH KUMAR, AGED ABOUT 45 YEARS PETITIONER NOs.2 TO 4 ARE RESIDING AT ALATHI VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK, KARNATAKA – 571 432 ...PETITIONERS (BY SRI. JAYARAJ D. S., ADVOCATE) AND: 1. SRI. H. M. VENKATESH, S/O. LATE MUDALAGIRIGOWDA, AGED ABOUT 73 YEARS, RESIDING AT HALTHI VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 432 2. LATE H.M. PUTTALINGEGOWDA, S/O. LATE B. MUDDEGOWDA, SINCE DEAD REPRESENTED BY HIS LRS' WHO ARE ALREADY ON RECORD AS RESPONDENT NOS. 2 (A) TO 2 (C) SMT. REVAMMA, W/O. LATE PUTTALINGEGOWDA, AGED ABOUT 58 YEARS 3. SRI. SHANKARALINGEGOWDA, S/O. LATE PUTTALINGEGOWDA, AGED ABOUT 41 YEARS 4. SRI. KIRANKUMAR, S/O. LATE PUTTALINGEGOWDA, AGED ABOUT 38 YEARS 5. SRI. SUNIL, S/O. LATE PUTTALINGEGOWDA, AGED ABOUT 35 YEARS - 4 - HC-KAR NC: 2026:KHC:8497 WP No. 24414 of 2025 C/W WP No. 27407 of 2025 RESPONDENT NOs.2 TO 5 ARE RESIDING AT HOUSE NO. 108, 2ND FLOOR, 12TH CROSS, 4TH BLOCK, NANDINI LAYOUT, BENGALURU, KARNATAKA – 560 096 ...RESPONDENTS (BY SRI. PRAMOD NAIR, SENIOR COUNSEL FOR SRI. R. S. UMESH, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT/S OR ORDER/S QUASHING THE IMPUGNED ORDER DATED 12.06.2025 PASSED BY THE HONBLE COURT OF SENIOR CIVIL JUDGE AND JMFC, NAGAMANGALA IN DISMISSING IA NO. VI FILED BY THE PETITIONERS IN RA NO. 10/2016 VIDE ANNEXURE - A2 AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Both these petitions arise out of O.S.No.155/2008, which was disposed of on 17.12.2015, against which R.A.Nos.10/2016 and 5/2020 are pending before the First Appellate Court. 2. Heard learned counsel for the petitioners and learned Senior counsel for the respondents and perused the material on record. 3. The plaintiff in O.S.No.155/2008 has preferred R.A.No.5/2020, while the defendants in O.S.No.155/2008 have - 5 - HC-KAR NC: 2026:KHC:8497 WP No. 24414 of 2025 C/W WP No. 27407 of 2025 preferred RA No.10/2016 and both the appeals are posted before the First Appellate Court on 05.03.2026. 4. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of both petitions directing the First Appellate Court to dispose of both R.A.Nos.10/2016 and 5/2020, in accordance with law, on or before 30.04.2026. In addition there to, the parties are directed to maintain status quo in all respects, as on today, in relation to the suit schedule property, involved in O.S.No.155/2008 till disposal of the appeals. 5. Subject to the aforesaid observations and directions, the petitions stand disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 21