Smt. Mahadevamma Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt. Mahadevamma Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of without deciding the merits: the concerned Court (V Addl. District and Sessions Judge, Mandya) is directed to dispose of I.A. No.1 in M.A. No.1/2024 within an outer limit of four weeks; the interim order subsisting is continued for four weeks; parties are at liberty to seek appropriate orders before the concerned Court; all contentions left open.

Issue for consideration

Whether the order dated 19/12/2023 passed on I.A. No.IV in O.S. No.177/2021 by the Addl. Senior Civil Judge and CJM, Mandya should be quashed, I.A. No.IV dismissed, and the order dated 19/4/2023 passed on I.A. No.III restored. +1 more

Ratio / Principle

In view of the pendency of the stay application before the First Appellate Court, the writ petition is disposed of with a direction to the concerned Court to dispose of I.A. No.1 filed in M.A. No.1/2024 within an outer limit of four weeks.

Key takeaways

The interim order subsisting (granted by the Coordinate Bench on 25.03.2024) shall continue for a period of four weeks from today.ratio¶¶67
The parties are at liberty to seek appropriate orders before the concerned Court.obiter¶¶68
All contentions of the parties shall remain open to be urged before the concerned Court.obiter

Detailed headnote1 paragraphs

Karnataka High Court (single Judge, M. Nagaprasanna, J.), order dated 03.09.2025 in Writ Petition No. 8483 of 2024 (GM-CPC) under Article 227 of the Constitution of India. Petitioners challenged the order dated 19/12/2023 passed by the Addl. Senior Civil Judge and CJM, Mandya on I.A. No.IV in O.S. No.177/2021, sought dismissal of I.A. No.IV and restoration of the order dated 19/4/2023 passed on I.A. No.III, and prayed for a mandamus to the V Addl. District and Sessions Judge, Mandya to decide I.A. No.I in M.A. No.1/2024 (stay appeal) in the light of materials produced before the trial court. Since the stay application was still pending and unadjudicated before the First Appellate Court, the Court did not enter the merits: it disposed of the writ petition, directed disposal of I.A. No.1 in M.A. No.1/2024 within an outer limit of four weeks, continued the Coordinate Bench interim order dated 25.03.2024 (restraining change/alteration of the suit schedule property or construction thereon) for four weeks, preserved the parties' liberty to seek appropriate orders, and left all contentions open. Neutral citation: NC: 2025:KHC:34596.

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NC: 2025:KHC:34596 WP No. 8483 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8483 OF 2024 (GM-CPC)

BETWEEN:

SMT. MAHADEVAMMA, W/O LATE MAHALINGAIAH, AGED ABOUT 61 YEARS,

SMT. MANJULA, D/O LATE MAHALINGAIAH AND W/O JAYARAMU, AGED ABOUT 45 YEARS,

Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

BOTH ARE RESIDING BEHIND KAVERI HIGH SCHOOL, 2ND CROSS, SHIVANANJAPPA LAYOUT, MANDYA CITY 571401.

(1^ST PETITIONER IS NOT CLAIMING THE BENEFIT OF SENIOR CITIZENSHIP)

…PETITIONERS

(BY SRI. GANGADHARAPPA A V., ADVOCATE)

AND:

THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR ROAD,

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NC: 2025:KHC:34596 WP No. 8483 of 2024

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BENGALURU 560001.

THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA 571401.

THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA 571401.

THE TAHSILDAR/ASSISTANT DIRECTOR OF LAND RECORDS, MANDYA TALUK, MANDYA 571401.

THE REVENUE INSPECTOR, KASABA 1ST CIRCLE, MANDYA TALUK, MANDYA 571401.

THE SPECIAL LAND ACQUISITION OFFICER, MANDYA DISTRICT, MANDYA 571401.

CITY MUNICIPALITY, MANDYA, REPRESENTED BY COMMISSIONER, MANDYA 571401.

THE MANDYA URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, MANDYA 571401.

THE MANDYA DISTRICT GANGA MATHASTHARA (BESTHARA) SANGHA, REPRESENTED BY ITS

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NC: 2025:KHC:34596 WP No. 8483 of 2024

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SECRETARY/MANAGER/OR ANY DESIGNATED OFFICER, 3RD FLOOR, M.V.G. BAKERY BUILDING, BESIDE KSRTC BUS STAND, MANDYA 571401.

THE PRESIDENT/OR IN CHARGE OF THE PRESIDENT OFFICE, MANDYA DISTRICT GANGA MATHASTHARA (BESTHARA) SANGHA, 3RD FLOOR, M.V.G. BAKERY BUILDING, BESIDE KSRTC BUS STAND, MANDYA 571401.

…RESPONDENTS

(BY SRI.M.RAJAKUMAR, AGA FOR R1 TO R6, SMT.VAISHALI HEGDE, ADVOCATE FOR R7; SRI.B.M.ARUN, ADVOCATE FOR R9 & R10; RESPONDENT NO.8 SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19/12/2023 PASSED BY THE COURT OF ADDL. SENIOR CIVIL JUDGE AND CJM AT MANDYA ON IA NO. IV IN OS NO. 177/2021 CERTIFIED COPY WHICH IS PRODUCED AS ANNEXURE-P, BE PLEASED TO DISMISS IA NO. IV CERTIFIED COPY OF WHICH IS PRODUCED AS ANNEXURE-M AND RESTORE THE ORDER DATED 19/04/2023 PASSED ON IA NO. III CERTIFIED COPY OF WHICH IS PRODUCED AS ANNEXURE-J AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:34596 WP No. 8483 of 2024

HC-KAR

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Petitioners are before this Court seeking the following

prayers:

"(a) A writ in nature of certiorari quashing the order dated 19/12/2023 passed by the court of Addl. Senior Civil Judge and CJM at Mandya on I.A. No.IV in O.S. No.177/2021 certified copy which is produced as ANNEXURE-P, be pleased to dismiss I.A. No.IV certified copy of which is produced as ANNEXURE-M and restore the order dated 19/4/2023 passed on I.A. No.III certified copy of which is produced as ANNEXURE-J

(b) A writ of mandamus directing the Court of V Addl. District and Sessions Judge at Mandya to hear and dispose of I.A No.I in M.A. No.1/2024 and also the appeal by taking into consideration the materials produced by the petitioners before the trial court certified copies of which are produced as ANNEXURES-Q & R respectively;

(c) Grant such other reliefs as the Hon'ble court deems fit in the facts and circumstances of the case, including an order as to cost of this writ petition."

2. Heard Sri.Gangadharappa A.V., learned counsel

appearing for the petitioners, Sri.M.Rajakumar, learned AGA appearing for respondent Nos.1 to 6, Smt.Vaishali Hegde, learned counsel appearing for respondent No.7, Sri.B.M.Arun, learned counsel appearing for respondent Nos.9 and 10 and have perused the material on record.

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NC: 2025:KHC:34596 WP No. 8483 of 2024

HC-KAR

Owing to the plea of the petitioners, the Coordinate Bench of this Court had granted an interim order on 25.03.2024 which reads as follows:

"Office objections are kept in abeyance for the present. Learned AGA accepts notice for respondents 1 to 6.

Copies to be served.

Issue emergent notice to respondents 7 to 10 returnable by 15.04.2024.

In the meanwhile, parties are directed not to change or alter the nature or character of the suit schedule property or put up any construction thereon as depicted in the photographs as per Annexures-F, F1, F2 and F3 till the next date of hearing.

Liberty is reserved in favour of the respondents to seek vacation/modification of this order."

An application is filed seeking stay of the order

passed by the Civil Court in O.S.No.177/2021, is preferred in M.A.No.1/2024. The proceedings are still pending before the concerned Court and the application is yet to be adjudicated upon. In the interregnum, the petitioners approach this Court and the aforesaid order is passed.

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NC: 2025:KHC:34596 WP No. 8483 of 2024

HC-KAR

In the light of the pendency of the application

before the First Appellate Court, I deem it appropriate to dispose the petition with a direction to the concerned Court to dispose the application I.A.No.1 filed in M.A.No.1/2024, within

an outer limit of four weeks. In the light of the interim order subsisting, the same shall continue for a period of four weeks from today.

The parties are at liberty to seek appropriate orders

before the concerned Court.

All contentions of the parties shall remain open to

be urged before the concerned Court.

Ordered accordingly and Writ Petition is disposed .

Sd/(M.NAGAPRASANNA) JUDGE

CBC

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