K N Gope Gowda Vs Ananda K G — Writ and Judicial Review | Karnataka HC (2026)

K N Gope Gowda Vs Ananda K G — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of on the petitioners' counsel's submission, directing the Trial Court to dispose of the suit in O.S. No.13/2024 on merits as expeditiously as possible, preferably within one year from receipt of a copy of the order; both parties to cooperate with the Trial Court; Trial Court not to be influenced by the impugned orders; all rival contentions kept open.

Issue for consideration

Whether the orders dated 18.09.2024 in O.S. No.13/2024 (Annexure-F) and dated 09.09.2025 in M.A. No.10015/2024 (Annexure-H) ought to be quashed and I.A. No.I under Order 39 Rule 1 and 2 of CPC dismissed. +1 more

Court's answer

All rival contentions between the parties are kept open to be decided by the Trial Court in accordance with law; no opinion is expressed on the merits or demerits of the rival contentions.

Ratio / Principle

On the submission of learned counsel for the petitioners, the petition stands disposed of directing the Trial Court to dispose of the suit in O.S. No.13/2024 on merits as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of the order.

Key takeaways

Both parties are directed to cooperate with the Trial Court for expeditious disposal of the suit.ratio¶¶50
The Trial Court shall dispose of the suit on merits without being influenced by the findings and observations recorded in the impugned orders passed by the Trial Court and the first Appellate Court.ratio¶¶52

Detailed headnote1 paragraphs

WRIT PETITION (GM-CPC) UNDER ARTICLE 227 — DISPOSAL WITH DIRECTION FOR TIME-BOUND TRIAL: Petitioners sought certiorari to quash (a) the order dated 18.09.2024 in O.S. No.13/2024 (Senior Civil Judge and JMFC, Turuvekere, Annexure-F), (b) the order dated 09.09.2025 in M.A. No.10015/2024 (V Addl. District and Sessions Judge, Tumkur sitting at Tiptur, Annexure-H), and (c) dismissal of I.A. No.I filed by respondents 1 to 3/plaintiffs under Order 39 Rule 1 and 2 of CPC. After arguing for some time, counsel for the petitioners submitted that the petition may be disposed of directing the Trial Court to dispose of the suit within a stipulated time frame. The Court (S.R. Krishna Kumar, J.) disposed of the petition directing the Trial Court to decide the suit on merits as expeditiously as possible, preferably within one year from receipt of a copy of the order; both parties were directed to cooperate; the Trial Court was directed to decide the suit uninfluenced by the findings and observations in the impugned orders of the Trial Court and the first Appellate Court; and all rival contentions were kept open with no opinion expressed on merits.

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NC: 2026:KHC:4739 WP No. 33638 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO. 33638 OF 2025 (GM-CPC)

BETWEEN:

K.N. GOPE GOWDA S/O LATE NARASIMHAIAH, AGED ABOUT 77 YEARS,

NINGAMMA W/O K.N.GOPAL GOWDA, AGED ABOUT 72 YEARS,

HARISH GOWDA.K.G S/O K.N.GOPALGOWDA, AGED ABOUT 44 YEARS,

UMESH. K.G S/O K.N. GOPALGOWDA, AGED ABOUT 43 YEARS,

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

ALL ARE RESIDING AT V. KOPPA VILLAGE, MAYASANDRA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT-572227.

(BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE)

…PETITIONERS

AND:

ANANDA K.G. S/O K.N.GOPALGOWDA, AGED ABOUT 52 YEARS

KRISHNAMURTHY.K.G, S/O K.N.GOPALGOWDA, AGED ABOUT 51 YEARS,

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RESPONDENT NO.1 AND 2 ARE RESIDING AT V. KOPPA VILLAGE, MAYASANDRA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT-572227.

BETTASWAMY GOWDA.K.G. S/O K.N.GOPALGOWDA, AGED ABOUT 50 YEARS, RESIDING AT NO. 21, 1^ST MAIN ROAD, KOILANAGAR, VISHWANEEDAM POST, ANDRAHALLY, BENGALURU NORTH-560091.

RAJU.K.B S/O LATE BASAVARAJU, AGED ABOUT 49 YEARS, RESIDING AT NO.289, 4^TH CROSS, 5^TH MAIN ROAD, JKW LAYOUT, BENGALURU-560040.

…RESPONDENTS

(BY SRI. N. ANJANGOWDA, ADVOCATE FOR CAVEATORS/RESPONDENT NOs.1 AND 2)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.09.2024 PASSED IN O.S. NO.13/2024 BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT TURUVEKERE PRODUCED AT ANNEXURE-F AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY 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:

"a) Issue writ of certiorari or similar writ, order or direction to quash the order dated 18.09.2024 passed in

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O.S. No.13/2024 by the Learned Senior Civil Judge and JMFC at Turuvekere produced at Annexure-F;

b) Issue writ of certiorari or similar writ, order or direction to quash the order dated 09.09.2025 passed in M.A. No.10015/2024 by the Learned V Addl. District and Sessions Judge, Tumkur (Sitting at Tiptur) produced at Annexure-H;

c) dismiss the l.A. No.I filed by the respondent No.1 to 3/Plaintiffs under Order 39 Rule 1 and 2 of CPC in O.S. No.13/2024 on the file of the Learned Senior Civil Judge and JMFC at Turuvekere produced at Annexure-B and

d) Issue any other writ, order or directions as this Hon'ble Court deem fit to grant in the facts and circumstances of the case, in the interest of justice and equity."

After arguing the matter for some time, learned

counsel for the petitioners submits that the petition may be disposed of directing the Trial Court to dispose of the suit within a stipulated time frame.

His submission is placed on record.

The petition stands disposed of directing the Trial

Court to dispose of the suit in O.S. No.13/2024 on merits as

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expeditiously as possible and preferably, within a period of one year from the date of receipt of a copy of this order.

Both parties are directed to cooperate with the Trial

Court for expeditious disposal of the suit.

The Trial Court shall dispose of the suit on merits without being influenced by the findings and observations recorded in the impugned orders passed by the Trial Court and the first Appellate Court.

All rival contentions between the parties are kept open to be decided by the Trial Court in accordance with law and no opinion is expressed on merits / demerits of the rival contentions.

Sd/(S.R.KRISHNA KUMAR) JUDGE

SMA/List No.: 1 Sl No.: 10