- 1 - HC-KAR NC: 2026:KHC:9433 WP No. 10070 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 10070 OF 2025 (GM-CPC) BETWEEN: 1. K. HANUMANTHAIAH S/O LATE KEMPAIAH AGED 75 YEARS 2. GANGADHARA @ GANGADHARAIAH S/O HANUMANTHAIAH AGED 43 YEARS BOTH ARE R/OF HOSAPALYA, BYRASANDRA DHAKLE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT PIN CODE -562123. …PETITIONERS (BY SRI. T.C SATHISHKUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, VIKASA SOUDHA, DR. AMBEDKAR ROAD, BANGALORE-560 001. 2. THE SECRETARY THE LAND TRIBUNAL Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9433 WP No. 10070 of 2025 NELAMANGALA TALUK, NELAMANGALA, BANGALORE RURAL DISTRICT PIN CODE: 562123 3. THE THASILDAR NELAMANGALA TALUK, MINI VIDHANA SOUDHA BUILDING, NELAMANGALA, BANGALORE RURAL DISTRICT PIN CODE : 562123 4. SMT.HANUMAKKA W/O LATE KEMPAIAH AGED 70 YEARS 5. MANJUNATHA S/O LATE KEMPAIAH AGED 45 YEARS 6. GOWRAMMA D/O LATE KEMPAIAH AGED 43 YEARS RESPONDENTS 4 TO 6 ARE R/OF HOSAPALYA, BYRASANDRA DHAKLE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT PIN CODE : 562123 7. HANUMANTHARAYAPPA @ APPE S/O LATE KEMPAIAH AGED 41 YEARS R/OF NGARUR, VIJAYANAGAR COLONY, DASANAPURA HOBLI & POST, BANGALORE NORTH TALUK PIN CODE-562162 - 3 - HC-KAR NC: 2026:KHC:9433 WP No. 10070 of 2025 8. SIDDARAJU S/O LATE KEMPAIAH AGED 52 YEARS 9. SMT. RATHNAMMA D/O LATE KEMPAIAH AGED 48 YEARS BOTH RESPONDENTS 8 AND 9 R/OF BASAVANAGARA, BAVIKERE, ENTAGANAHALLI POST, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT PIN CODE : 562123 …RESPONDENTS (BY SMT. V. HEMALATHA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 3 SRI MAHENDRA GOWDA C.R. ADVOCATE FOR RESPONDENT NOS.4 TO 9) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL THE ENTIRE RECORDS FROM THE SENIOR CIVIL JUDGE, NELAMANGALA AND PRL. CIVIL JUDGE, NELAMANGALA W.R.T PENDING SUITS OF O.S.705/2019 AND O.S.127/2020 FILED BY THE RESPONDENTS 4 TO 9 REFERRED IN ANNEXURES N-3 AND P-3 AND TO STAY THE SAID SUIT PROCEEDINGS UPTILL PENDING DISPOSAL OF THE APPLICATION FILED BY THE PETITIONERS BEFORE THE RESPONDENT NO.2 CONTAINED IN ANNEXURES L- & L-2 AND DIRECTING THE RESPONDENT NO.2/LAND TRIBUNAL TO PROCEED WITH THE ENQUIRY IN CASE NO.LRF/BRS 23, 24, 28, 29, 30/75-76, ON THE PENDING - 4 - HC-KAR NC: 2026:KHC:9433 WP No. 10070 of 2025 APPLICATIONS OF THE PETITIONERS BEFORE IT EXPEDITIOUSLY, AND ETC. THIS PETITION, 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 In this petition, the petitioners seek the following reliefs: "a) calling the entire records from the Senior Civil Judge, Nelamangala and Prl. Civil Judge, Nelamangala w.r.t pending suits of O.S.705/2019 and O.S.127/2020 filed by the respondents 4 to 9 referred in Annexures N-3 & P-3, and to stay the said suit proceedings uptill pending disposal of the application filed by the petitioners before the Respondent No.2 contained in Annexures L- & L-2. b) directing the respondent No.2/ Land tribunal to proceed with the enquiry in case No.LRF/BRS 23, 24, 28, 29, 30/75- 76 on the pending applications of the petitioners before it expeditiously, and c) also to grant such other orders or reliefs that this Hon'ble court deems fit to grant in the circumstances of the case, in the interest of justice and equity." 2. Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact - 5 - HC-KAR NC: 2026:KHC:9433 WP No. 10070 of 2025 that the petitioner No.1 has already filed an application under Section 10 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'the CPC') and Section 133 of the Karnataka Land Reforms Act, 1961 (for short, 'the KLR Act') putting forth similar / identical contentions on 04.02.2025 in O.S. No.705/2019 prior to preferring the present petition on 17.03.2025, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the Trial Court(s) to consider and pass appropriate orders on the aforesaid application dated 04.02.2025 filed by the petitioner No.1 in O.S. No.705/2019 under Section 10 read with Section 151 of the CPC and Section 133 of the KLR Act before proceeding further in the suits, O.S. No.705/2019 and O.S. No.127/2020, pending before the Senior Civil Judge and JMFC., Nelamangala, and the Principal Civil Judge and JMFC., Nelamangala, respectively and pass appropriate orders in accordance with law within a period of six months from the date of receipt of a copy of this order. 3. Liberty is also reserved in favour of the petitioners to take recourse to such remedy as available in law including - 6 - HC-KAR NC: 2026:KHC:9433 WP No. 10070 of 2025 approaching this Court subsequently after disposal of the aforesaid application. 4. Subject to the aforesaid directions and observations, the petition stands disposed of. 5. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits / demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 3 Sl No.: 18