[Cites 3, Cited by 0]
Karnataka High Court
Smt. Jayamma vs R Avinash on 4 February, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 29759 OF 2024 (GM-CPC)
C/W
WRIT PETITION NO. 29891 OF 2024 (GM-CPC)
WRIT PETITION NO. 30091 OF 2024 (GM-CPC)
WRIT PETITION NO. 30311 OF 2024 (GM-CPC)
WRIT PETITION NO. 30316 OF 2024 (GM-CPC)
WRIT PETITION NO. 30317 OF 2024 (GM-CPC)
IN WP No. 29759/2024
BETWEEN:
1. SMT. JAYAMMA,
W/O LATE THIRUMALA SHETTY
AGED ABOUT 54 YEARS
R/O JANNAPURA VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
Digitally signed HASSAN DISTRICT - 573 102.
by CHANDANA
BM
Location: High 2. MANJULA V. T.
Court of D/O LATE THIRUMALA SHETTY V. M.
Karnataka
W/O YATHISHAWARA ANANADA,
AGED ABOUT 57 YEARS
R/O NO.32, MADDURAMNA LAYOUT,
SUNKADAKATTE, BENGALURU NORTH,
BENGALURU - 560 091
3. MANJUNATH V. T.
S/O LATE V. M. THIRUMALA SHETTY
AGED ABOUT 54 YEARS
R/O JANNAPURA VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
-2-
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
4. RADHAMANI V. T.
D/O LATE THIRUMALA SHETTY V. M.
AGED ABOUT 51 YEARS
R/O JANNAPURA VILLAGE
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
...PETITIONERS
(BY SRI. SATHISHA D.J., ADVOCATE)
AND:
1. R. AVINASH
S/O RAJU
AGED 39 YEARS,
R/O NO.98/41, 11TH MAIN,
15TH CROSS, PADMANABHA NAGARA,
BENGALURU - 560 025.
2. S. A. GURURAJACHAR
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 75 YEARS,
R/O NEAR ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
3. S. A. SHAMACHAR
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 66 YEARS
R/O NO.107, 2ND MAIN,
KENGERI SATTELLITE TOWN, KERGERI,
BENGALURU - 560 060.
4. S. A. RAGOTHAM
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 60 YEARS
R/O NEAR, ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
5. S. A. KUSUMALATHA,
W/O LATE S. A. RAGHAVENDRACHAR
AGED ABOUT 60 YEARS,
NEAR ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
-3-
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
6. SRI. SUDANVA S. L.
W/O LATE S. A. RAGHAVENDRACHAR
AGED ABOUT 30 YEARS,
NEAR ANJANEYA TEMPLE
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
7. PRABHA V. V.
D/O LATE V. M. VENKATA SHETTY
AGED ABOUT 60 YEARS,
R/O KADABANAHALLI VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
8. YOGESH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 54 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
9. PRAKASH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 54 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
10. GIRISH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 47 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
...RESPONDENTS
(BY SRI. VIVEK HOLLA, FOR
SRI. SHARATH S. GOGI, ADVOCAETS FOR C / R1;
SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR
SRI. V. G. BHANUPRAKASH, ADVOCATE FOR R7 TO R10;
SRI. PRATHEEP K.C., ADVOCATE FOR R3;
SRI. KESHAV M. DATTAR, ADVOCATE FOR R4;
V/O DATED 20.11.2024 NOTICE TO R2, R5 & R6
IS DISPENSED WITH)
-4-
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA PRAYING TO QUASH THE IMPUGNED ORDER 19.10.2024 AT
ANNX-L, PASSED IN M.A.NO. 15/2024 ON I.A.NO.2, U/O 39 RULE 1 AND
2 OF CPC, PASSED BY THE SR. CIVIL JUDGE AND JMFC AT
SAKALESHPURA, IN O.S.NO. 117/2024.
IN WP NO. 29891/2024
BETWEEN
1. SMT. JAYAMMA,
W/O LATE THIRUMALA SHETTY
AGED ABOUT 54 YEARS
R/O JANNAPURA VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
2. MANJULA V. T.
D/O LATE THIRUMALA SHETTY V. M.
W/O YATHISHAWARA ANANADA,
AGED ABOUT 57 YEARS
R/O NO.32, MADDURAMNA LAYOUT,
SUNKADAKATTE, BENGALURU NORTH,
BENGALURU - 560 091
3. MANJUNATH V. T.
S/O LATE V. M. THIRUMALA SHETTY
AGED ABOUT 54 YEARS
R/O JANNAPURA VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
4. RADHAMANI V. T.
D/O LATE THIRUMALA SHETTY V. M.
AGED ABOUT 51 YEARS
R/O JANNAPURA VILLAGE
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
...PETITIONERS
(BY SRI. SATHISHA D.J., ADVOCATE)
AND:
1. R. AVINASH
S/O RAJU
-5-
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
AGED 39 YEARS,
R/O NO.98/41, 11TH MAIN,
15TH CROSS, PADMANABHA NAGARA,
BENGALURU - 560 025.
2. S. A. GURURAJACHAR
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 75 YEARS,
R/O NEAR ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
3. S. A. SHAMACHAR
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 66 YEARS
R/O NO.107, 2ND MAIN,
KENGERI SATTELLITE TOWN, KERGERI,
BENGALURU - 560 060.
4. S. A. RAGOTHAM
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 60 YEARS
R/O NEAR, ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
5. S. A. KUSUMALATHA,
W/O LATE S. A. RAGHAVENDRACHAR
AGED ABOUT 60 YEARS,
NEAR ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
6. SRI. SUDANVA S. L.
W/O LATE S. A. RAGHAVENDRACHAR
AGED ABOUT 30 YEARS,
NEAR ANJANEYA TEMPLE
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
7. PRABHA V. V.
D/O LATE V. M. VENKATA SHETTY
AGED ABOUT 60 YEARS,
R/O KADABANAHALLI VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
-6-
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
8. YOGESH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 54 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
9. PRAKASH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 54 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
10. GIRISH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 47 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
...RESPONDENTS
(BY SRI. VIVEK HOLLA, FOR
SRI. SHARATH S. GOGI, ADVOCAETS FOR C / R1;
V/O DATED 20.11.2024 NOTICE TO R2 TO R6
IS DISPENSED WITH
SRI. PRATHEEP K.C., ADVOCATE FOR R3;
SRI. KESHAV M. DATTAR, ADVOCATE FOR R4;
SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR
SRI. V. G. BHANUPRAKASH, ADVOCATE FOR R7 TO R10)
THIS W. P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA PRAYING TO QUASH THE IMPUGNED ORDER, 19.10.2024 AT
ANNX-L PASSED IN M.A.NO. 13/2024 ON I.A.NO.3 U/O 39 RULE 1 AND 2
OF CPC, PASSED BY THE SR. CIVIL JUDGE AND JMFC AT
SAKALESHPURA IN OS. 117/2024.
IN WP NO. 30091/2024
BETWEEN:
1. SMT. JAYAMMA,
W/O LATE THIRUMALA SHETTY
AGED ABOUT 54 YEARS
R/O JANNAPURA VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
-7-
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
2. MANJULA V. T.
D/O LATE THIRUMALA SHETTY V. M.
W/O YATHISHAWARA ANANADA,
AGED ABOUT 57 YEARS
R/O NO.32, MADDURAMNA LAYOUT,
SUNKADAKATTE, BENGALURU NORTH,
BENGALURU - 560 091
3. MANJUNATH V. T.
S/O LATE V. M. THIRUMALA SHETTY
AGED ABOUT 54 YEARS
R/O JANNAPURA VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
4. RADHAMANI V. T.
D/O LATE THIRUMALA SHETTY V. M.
AGED ABOUT 51 YEARS
R/O JANNAPURA VILLAGE
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
...PETITIONERS
(BY SRI. SATHISHA D.J., ADVOCATE)
AND:
1. R. AVINASH
S/O RAJU
R/O NO.98/41, 11TH MAIN,
15TH CROSS, PADMANABHA NAGARA,
BENGALURU - 560 025.
2. S. A. GURURAJACHAR
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 75 YEARS,
R/O NEAR ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
3. S. A. SHAMACHAR
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 66 YEARS
R/O NO.107, 2ND MAIN,
KENGERI SATTELLITE TOWN, KERGERI,
BENGALURU - 560 060.
-8-
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
4. S. A. RAGOTHAM
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 60 YEARS
R/O NEAR, ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
5. S. A. KUSUMALATHA,
W/O LATE S. A. RAGHAVENDRACHAR
AGED ABOUT 60 YEARS,
NEAR ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
6. SRI. SUDANVA S. L.
W/O LATE S. A. RAGHAVENDRACHAR
AGED ABOUT 30 YEARS,
NEAR ANJANEYA TEMPLE
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
7. PRABHA V. V.
D/O LATE V. M. VENKATA SHETTY
AGED ABOUT 60 YEARS,
R/O KADABANAHALLI VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
8. YOGESH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 54 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
9. PRAKASH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 54 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
10. GIRISH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 47 YEARS,
-9-
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
...RESPONDENTS
(BY SRI. VIVEK HOLLA, FOR
SRI. SHARATH S. GOGI, ADVOCAETS FOR C / R1;
SRI. PRATHEEP K.C., ADVOCATE FOR R3;
SRI. KESHAV M. DATTAR, ADVOCATE FOR R4;
SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR
SRI. V. G. BHANUPRAKASH, ADVOCATE FOR R7 TO R10)
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA PRAYING TO QUASH THE IMPUGNED ORDER, 19.10.2024, AT
ANNEXURE-L, PASSED IN M.A.NO.14/2024, ON I.A.NO.1, U/O 39 RULE 1
AND 2 OF CPC, PASSED BY THE SR. CIVIL JUDGE AND JMFC AT
SAKALESHPURA.
IN WP NO. 30311/2024
BETWEEN:
1. SMT. PRABHA V. V.
D/O LATE V. M. VENKATA SHETTY
AGED ABOUT 60 YEARS,
R/O KADABANAHALLI VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
2. SRI. YOGESH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 58 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
3. SRI. GIRISH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 47 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
...PETITIONERS
(BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR
SRI. V.G. BHANUPRAKASH, ADVOCATE)
- 10 -
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
AND:
1. R. AVINASH
S/O RAJU
AGED ABOUT 39 YEARS,
R/O NO.98/41, 11TH MAIN,
15TH CROSS, PADMANABHA NAGARA,
BENGALURU - 560 025.
2. SMT. JAYAMMA,
W/O LATE THIRUMALA SHETTY
AGED ABOUT 54 YEARS
R/O JANNAPURA VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
3. SMT. MANJULA V. T.
D/O LATE THIRUMALA SHETTY V. M.
W/O YATHISHAWARA ANANADA,
AGED ABOUT 57 YEARS
R/O NO.32, MADDURAMNA LAYOUT,
SUNKADAKATTE, BENGALURU NORTH,
BENGALURU - 560 091
4. SRI. MANJUNATH V. T.
S/O LATE V. M. THIRUMALA SHETTY
AGED ABOUT 54 YEARS
R/O JANNAPURA VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
5. SMT. RADHA MANI V. T.
D/O LATE THIRUMALA SHETTY V. M.
AGED ABOUT 51 YEARS
R/O JANNAPURA VILLAGE
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
6. SRI. S. A. GURURAJACHAR
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 75 YEARS,
R/O NEAR ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
- 11 -
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
7. SRI. S. A. SHAMACHAR
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 66 YEARS
R/O NO.107, 2ND MAIN,
KENGERI SATTELLITE TOWN, KERGERI,
BENGALURU - 560 060.
8. SRI. S. A. RAGOTHAM
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 60 YEARS
R/O NEAR, ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
9. SRI. S. A. KUSUMALATHA,
W/O LATE S. A. RAGHAVENDRACHAR
AGED ABOUT 60 YEARS,
NEAR ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
10. SRI. SUDANVA S. L.
W/O LATE S. A. RAGHAVENDRACHAR
AGED ABOUT 30 YEARS,
NEAR ANJANEYA TEMPLE
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
...RESPONDENTS
(BY SRI. SRI. VIVEK HOLLA, FOR
SRI. SHARATH S. GOGI, ADVOCATES FOR R1;
SRI. SATHISHA D.J., ADVOCATE FOR R2 TO R5;
SRI. PRATHEEP K.C.,ADVOCATE FOR R7;
SRI. KESHAV M. DATTAR, ADVOCATE FOR R8;
NOTICE TO R6 TO R9 ARE DISPENSED WITH
VIDE ORDER DATED 20.11.2024;)
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA PRAYING TO SET ASIDE THE ORDER PASSED IN
M.A.NO.13/2024, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT
HASSAN ON IA NO 3 U/0 XXXIX RULE 1 AND 2 OF CPC AT DATED
19.10.2024 AT ANNEXURE-A.
- 12 -
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
IN WP NO. 30316/2024
BETWEEN:
1. SMT. PRABHA V. V.
D/O LATE V. M. VENKATA SHETTY
AGED ABOUT 60 YEARS,
R/O KADABANAHALLI VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
2. SRI. YOGESH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 58 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
3. SRI. GIRISH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 47 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
...PETITIONERS
(BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR
SRI. V.G. BHANUPRAKASH, ADVOCATE)
AND:
1. R. AVINASH
S/O RAJU
AGED ABOUT 39 YEARS,
R/O NO.98/41, 11TH MAIN,
15TH CROSS, PADMANABHA NAGARA,
BENGALURU - 560 025.
2. SMT. JAYAMMA,
W/O LATE THIRUMALA SHETTY
AGED ABOUT 54 YEARS
R/O JANNAPURA VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
- 13 -
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
3. SMT. MANJULA V. T.
D/O LATE THIRUMALA SHETTY V. M.
W/O YATHISHAWARA ANANADA,
AGED ABOUT 57 YEARS
R/O NO.32, MADDURAMNA LAYOUT,
SUNKADAKATTE, BENGALURU NORTH,
BENGALURU - 560 091
4. SRI. MANJUNATH V. T.
S/O LATE V. M. THIRUMALA SHETTY
AGED ABOUT 54 YEARS
R/O JANNAPURA VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
5. SMT. RADHAMANI V. T.
D/O LATE THIRUMALA SHETTY V. M.
AGED ABOUT 51 YEARS
R/O JANNAPURA VILLAGE
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
6. SRI. S. A. GURURAJACHAR
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 75 YEARS,
R/O NEAR ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
7. SRI. S. A. SHAMACHAR
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 66 YEARS
R/O NO.107, 2ND MAIN,
KENGERI SATTELLITE TOWN, KERGERI,
BENGALURU - 560 060.
8. SRI. S. A. RAGOTHAM
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 60 YEARS
R/O NEAR, ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
- 14 -
NC: 2026:KHC:6596
WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
9. SRI. S. A. KUSUMALATHA,
W/O LATE S. A. RAGHAVENDRACHAR
AGED ABOUT 60 YEARS,
NEAR ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
10. SRI. SUDANVA S. L.
W/O LATE S. A. RAGHAVENDRACHAR
AGED ABOUT 30 YEARS,
NEAR ANJANEYA TEMPLE
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
...RESPONDENTS
(BY SRI. SRI. VIVEK HOLLA, FOR
SRI. SHARATH S. GOGI, ADVOCATES FOR R1;
SRI. SATHISHA D.J., ADVOCATE FOR R2 TO R5;
VIDE ORDER DATED 20.11.2024, NOTICE TO R6 TO R9
IS DISPENSED WITH;
SRI. PRATHEEP K.C.,ADVOCATE FOR R7;
SRI. KESHAV M. DATTAR, ADVOCATE FOR R8)
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA PRAYING TO SET ASIDE THE ORDER PASSED IN MA NO.
15/2024 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT HASSAN
ON IA NO. 3 U/O XXXIX RULE 1 AND 2 OF CPC AT DTD 19.10.2024 VIDE
ANNEXURE-A.
IN WP NO. 30317/2024
BETWEEN:
1. SMT. PRABHA V. V.
D/O LATE V. M. VENKATA SHETTY
AGED ABOUT 60 YEARS,
R/O KADABANAHALLI VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
2. SRI. YOGESH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 58 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
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WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
3. SRI. GIRISH V. V.
S/O LATE V. M. VENKATA SHETTY
AGED ABOUT 47 YEARS,
R/O KADABANAHALLY VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
...PETITIONERS
(BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR
SRI. V.G. BHANUPRAKASH, ADVOCATE)
AND:
1. R. AVINASH
S/O RAJU
AGED ABOUT 39 YEARS,
R/O NO.98/41, 11TH MAIN,
15TH CROSS, PADMANABHA NAGARA,
BENGALURU - 560 025.
2. SMT. JAYAMMA,
W/O LATE THIRUMALA SHETTY
AGED ABOUT 54 YEARS
R/O JANNAPURA VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
3. SMT. MANJULA V. T.
D/O LATE THIRUMALA SHETTY V. M.
W/O YATHISHAWARA ANANADA,
AGED ABOUT 57 YEARS
R/O NO.32, MADDURAMNA LAYOUT,
SUNKADAKATTE, BENGALURU NORTH,
BENGALURU - 560 091
4. SRI. MANJUNATH V. T.
S/O LATE V. M. THIRUMALA SHETTY
AGED ABOUT 54 YEARS
R/O JANNAPURA VILLAGE,
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
5. SMT. RADHAMANI V. T.
D/O LATE THIRUMALA SHETTY V. M.
AGED ABOUT 51 YEARS
R/O JANNAPURA VILLAGE
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WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
BYKERE POST, SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
6. SRI. S. A. GURURAJACHAR
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 75 YEARS,
R/O NEAR ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
7. SRI. S. A. SHAMACHAR
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 66 YEARS
R/O NO.107, 2ND MAIN,
KENGERI SATTELLITE TOWN, KERGERI,
BENGALURU - 560 060.
8. SRI. S. A. RAGOTHAM
S/O LATE ANNAIAHACHAR S. S.
AGED ABOUT 60 YEARS
R/O NEAR, ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
9. SMT. S. A. KUSUMALATHA,
W/O LATE S. A. RAGHAVENDRACHAR
AGED ABOUT 60 YEARS,
NEAR ANJANEYA TEMPLE,
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102.
10. SRI. SUDANVA S. L.
W/O LATE S. A. RAGHAVENDRACHAR
AGED ABOUT 30 YEARS,
NEAR ANJANEYA TEMPLE
SAKALESHPURA TALUK,
HASSAN DISTRICT - 573 102
...RESPONDENTS
(BY SRI. SRI. VIVEK HOLLA, FOR
SRI. SHARATH S. GOGI, ADVOCATES FOR C/R1;
SRI. SATHISHA D.J., ADVOCATE FOR R2 TO R5;
SRI. PRATHEEP K.C., ADVOCATE FOR R7;
SRI. KESHAV M. DATTAR, ADVOCATE FOR R8;
NOTICE TO R6 TO R9 IS DISPENSED WITH)
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WP No. 29759 of 2024
C/W WP No. 29891 of 2024
WP No. 30091 of 2024
HC-KAR AND 3 OTHERS
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA PRAYING TO SET ASIDE THE ORDER PASSED IN
M.A.NO.14/2024 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT
HASSAN ON IA NO 3 U/O XXXIX RULE 1 AND 2 OF CPC AT DATED
19.10.2024 VIDE ANNEXURE-A.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
All these petitions arise out of a suit in O.S.No.117/2024
pending on the file of Civil Judge and JMFC, Sakaleshpura,
Hassan. The said suit was filed by Smt.Jayamma and others
against 10 defendants for permanent injunction and other reliefs in
relation to the suit schedule immovable properties. The said suit is
being contested/opposed by defendants 1 to 6, while defendants 7
to 10 are supporting the plaintiffs and are sailing with them before
the trial court. In addition thereto, defendant No.6 apart from
opposing/contesting the suit has also put forth a counter claim for
injunction against the plaintiffs and defendants 7 to 10.
2. Before the trial court, the plaintiffs filed two applications,
I.A.No.1 for temporary injunction restraining defendants 1 to 6 from
interfering with their peaceful possession and enjoyment of the suit
schedule properties; I.A.No.2 restraining defendant Nos.1 to 6 from
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alienating, encumbering, disposing or creating third party rights
over the suit schedule properties. Similarly, defendant No. 6 filed
I.A.No.3 for temporary injunction restraining the plaintiffs and
defendants 7 to 10 from interfering with his peaceful possession
and enjoyment of the suit schedule properties. By order dated
20.04.2024, the trial Court allowed all the three applications by
holding as under:-
"I.A No.I and I.A No.III filed Under Order 39 Rule 1 & 2
of CPC is hereby allowed.
The Plaintiffs & Defendants are hereby directed to
maintain Status-Quo in respect of suit schedule properties till
disposal of the suit.
I.A No.II filed Under Order 39 Rules 1 & 2 of CPC is
hereby allowed. The defendant no.1 to 6 their agents,
representative, legal heirs of any body claiming under them
are hereby restrained from further alienating or creating any
encumbrance in respect of the suit schedule properties till
the disposal of the suit.
Under these circumstances no Order as to costs."
3. Aggrieved the aforesaid order passed by the trial Court,
defendants No.6 filed 3 appeals in M.A.Nos.13/2024, 14/2024 and
15/2024, which were contested by the plaintiffs and defendants 7 to
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10 and culminated in the impugned order by allowing the appeals
as hereunder:
"The Miscellaneous Appeal filed by the appellant in
M.A.No.13/2024, M.A.No.14/2024 and M.A.No.15/2024 U/O
XLIII Rule 1 of CPC are hereby allowed in the interest of
justice and equity.
The order dated 20.04.2024, passed by the Hon'ble
Civil Judge and JMFC., Sakaleshpura, on IA. I and II U/O
XXXIX Rule 1 and 2 of CPC filed by the plaintiffs in
O.S.No.117/2024 is hereby set aside and applications for
temporary injunction filed by the plaintiffs against defendant
No.6 are set aside.
The order dated 20.04.2024, passed by the Hon'ble
Civil Judge and JMFC., Sakaleshpura, on IA. III U/O XXXIX
Rule 1 and 2 of CPC filed by the defendant No.6 in
O.S.No.117/2024 is hereby allowed in the interest of justice
and equity.
The plaintiffs and defendant No.7 to 10 are hereby
restrained by way of temporary injunction from interfering
with the defendant No.6 possession and enjoyment over the
suit schedule properties till disposal of the suit.
The I.A.No.V filed by the respondent No.10 to 13 in
M.A.No.15/2024 U/O XXVI Rule 9 R/W Section 151 of CPC
is hereby dismissed.
Office is directed to keep the original order in
M.A.No.13/2024 and certified copies of the same in
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M.A.No.14/2024 and M.A.No.15/2024 respectively and also
directed to send the copy of this order forthwith to the
Hon'ble Trial Court."
4. Aggrieved by the impugned orders passed by the 1st
appellate court, the plaintiffs as well as defendant Nos.7 to 10 are
before this Court by way of the present six writ petitions.
5. Heard learned counsel for both the parties and perused
the material on record.
6. A perusal of the material on record will indicate that there
are several contentious issues and disputed questions of law and
fact that arise for consideration in the suit, which would necessarily
have to be decided only after a full-fledged trial. Under these
circumstances, though several contentions have been urged by the
plaintiffs and defendant Nos.7 to 10 on one hand and defendant
Nos.1 to 6 on the other, without expressing any opinion on the
merits/demerits of the rival contentions, I deem it just and
appropriate to dispose of these petitions directing the trial Court to
dispose of the suit on merits of within a stipulated timeframe
without being influenced by the findings and observations recorded
in the order of the trial Court as well as the impugned order of the
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1st appellate Court as well as the interim orders/final order passed
by this Court in the present petitions by issuing certain directions in
this regard.
7. In the result, I pass the following:-
ORDER
(i) W.P.No.29759/2024, W.P.No.29891/2024,
W.P.No.30091/2024, W.P.No.30311/2024, W.P.No.30316/2024
and W.P.No.30317/2024 are hereby disposed of.
(ii) The trial court is directed to dispose of the suit on merits
as expeditiously as possible and at any rate within a period of six
months from the next date of hearing of the suit which currently
stands posted on 11.02.2026 without being influenced by the
findings and observations recorded in the order of the trial Court as
well as the impugned order of the 1st appellate Court as well as the
interim orders/final order passed by this Court in the present
petitions.
(iii) This Court vide interim order dated 01.12.2025 on
I.A.No.1/2025 in W.P.No.29891/2024 directed disbursal of 50% of
the amount in deposit in favour of 1st respondent - Sri. R.Avinash,
who is the 6th defendant in the suit. The Registry of this Court is
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directed to disburse/release the said amount in favour of 1st
respondent - 6th defendant - Sri.R.Avinash immediately without
any further delay.
(iv) It is needless to state that such disbursement/release of
the amount in favour of 1st respondent - 6th defendant - Sri. R.
Avinash and withdrawal of the same by him would be subject to the
final outcome of the suit and without prejudice to his rights and
contentions and shall not claim any equities in this regard and shall
execute an Indemnity bond before the Registry of this Court to
enable such disbursement.
(v) Similarly, the Registry of this Court is directed to
disburse/release the balance 50% of the amount in deposit in
favour of 10th defendant - Sri.Girish V.V. immediately without any
delay.
(vi) It is needless to state that such disbursement/release of
the amount in favour of 10th defendant - Sri.Girish V.V. and
withdrawal of the same by him would be subject to the final
outcome of the suit and without prejudice to his rights and
contentions and shall not claim any equities in this regard and shall
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execute an Indemnity bond before the Registry of this Court to
enable such disbursement.
(vii) The trial Court shall pass appropriate orders on the said
amount released in favour of 6th defendant and 10th defendant as
stated supra by passing appropriate orders at the time of final
judgment in the suit.
(viii) The amount payable to the court commissioner shall be
paid solely by the 10th defendant and not by any other parties to
the suit.
(ix) It is further directed that till disposal of the suit, none of
the parties shall change or alter the nature and character of the suit
schedule property.
(x) All rival contentions between the parties are kept open
and no opinion is expressed on the same.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
SRL
List No.: 3 Sl No.: 6
