- 1 - HC-KAR NC: 2026:KHC:9178 WP No. 30508 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 30508 OF 2025 (GM-CPC) BETWEEN: 1. SRI GADDEGOWDA @ BOLEGOWDA S/O LATE BOLEGOWDA AGED ABOUT 87 YEARS, 2. SRI H. B. SHIVARAJU S/O BOLEGOWDA AGED ABOUT 48 YEARS, BOTH ARE RESIDING AT HALEHALLI VILLAGE, KOPPA HOBLI MADDUR TALUK, MANDYA DISTRICT – 571 425 …PETITIONERS (BY SRI. CHANDRACHUD A., ADVOCATE) AND: 1. SRI UMESH H. P. S/O PUTTASWAMY AGED ABOUT 36 YEARS, 2. SRI JAYARAMU H. K. S/O LATE T. KARIGOWDA AGED ABOUT 54 YEARS, 3. SRI VISHAKANTAIAH S/O LATE LINGEGOWDA AGED ABOUT 59 YEARS, 4. SRI SHANKAR H. L. S/O LATE H. T. LINGEGOWDA AGED ABOUT 51 YEARS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9178 WP No. 30508 of 2025 5. SRI SHIVAAMAIAH H. N. S/O LATE NINGEGOWDA AGED ABOUT 49 YEARS, 6. SRI KRISHNA H. G. S/O GIRITHIMEMGOWDA AGED ABOUT 54 YEARS, 7. SRI CHIKKAMARIGOWDA S/O LATE BILIGOWDA AGED ABOUT 54 YEARS, 8. SRI THIMEMGOWDA S/O LATE SHIVAPURADA THIMMEGOWDA AGED ABOUT 79 YEARS, SL.NO.1 TO 8 ARE RESIDING AT HALEKALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK – 571 428 9. MADDUR TALUK PANCHAYATH REPRESENTED BY TALUK PANCHAYATH EXECUTIVE OFFICER, MADDUR TALUK, MANDYA DISTRICT – 571 425 10. BEKKALALE GRAMA PANCHAYATH REPRESENTED BY THE PANCHAYATH DEVELOPMENT OFFICER, BEKKALALE GRAMA PANCHAYATH BEKKALALE VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT – 571 425 …RESPONDENTS (BY SRI. BHUVAN K.P., ADVOCATE FOR R1 TO R3 & R5 TO R8; SRI. M. S. DEVARAJU, ADVOCATE FOR R9 & R10; R4 - SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 27/11/2024 PASSED IN M.A. NO.35/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE, AT MADDUR AT ANNEXURE-A, BY - 3 - HC-KAR NC: 2026:KHC:9178 WP No. 30508 of 2025 CONFIRMING THE ORDER DATED 26/08/2023 PASSED IN O.S. NO.276/2022 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, AT MADDUR, AT ANNEXURE-T, IN ALLOWING THE I.A.NO.1 AND ETC., THIS PETITION, COMING ON FOR ORDERS HEARING, 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: “(i) To issue Writ of Certiorari and quash the impugned order dated 27.11.2024 passed in M.A.No.35/2023 on the file of the Senior Civil Judge, at Maddur at Annexure-A, by confirming the order dated 26.08.2023 passed in O.S.No.276/2022 on the file of the III Additional Civil Judge and JMFC, at Maddur, at Annexure-T, in allowing the I.A.No.1. (ii) To reject/dismiss the application filed by the Respondent Nos.1 to 8 herein as plaintiffs under Order 39 Rule 1 and 2 R/w Section 151 of CPC numbered as I.A.No.1 in O.S.No.276/2022 on the file of the III Additional Civil Judge and JMFC, at Maddur, at Annexure-N. (iii) Allow this writ petition with costs and (iv) To grant such other relief/s as this Hon’ble Court deems fit to grant in the circumstances of the case.” 2. Heard both sides and perused the material on record. 3. Though several contentions have been urged by both sides in support of their respective claims, the material on record - 4 - HC-KAR NC: 2026:KHC:9178 WP No. 30508 of 2025 discloses that there are several contentious issues and disputed questions of fact and law that arises for consideration between the parties, which would necessarily have to be decided by the Trial Court only after a full fledged trial, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition leaving open all contentions between the parties to be urged before the Trial Court and the same shall be considered by the Trial Court, in accordance with law without being influenced by the impugned order. The Trial Court is directed to dispose of the suit as expeditiously as possible and preferably, within a period of one year from the date of receipt of a copy of this order. 4. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 32