Sri. Puttaswamaiah Vs Smt. Ningamma — Writ and Judicial Review | Karnataka HC (2026)

Sri. Puttaswamaiah Vs Smt. Ningamma — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of without expressing any opinion on merits, directing the trial Court to dispose of O.S.No.621/2024 on merits as expeditiously as possible without being influenced by the findings and observations in the impugned orders of the trial Court and the first appellate Court; all contentions left open to be decided by the trial Court.

Issue for consideration

Whether the writ petition under Article 227 praying to quash the order dated 01.09.2025 passed by the Court of Senior Civil Judge and JMFC, Channarayapatna in M.A.No.4/2025 (confirming the trial Court's order dated 17.02.2025 allowing I.A.No.1 under Order XXXIX Rule 1 and 2 of CPC) should succeed. +1 more

Court's answer

Without expressing any opinion on the merits/demerits of the rival contentions, the Court deemed it just and appropriate to dispose of the petition directing the trial Court to dispose of the suit on merits as expeditiously as possible.

Ratio / Principle

On a perusal of the material on record, the issues in controversy between the parties would necessarily have to be decided only after a full-fledged trial.

Key takeaways

Subject to the aforesaid directions, all contentions were left open to be decided by the trial Court, and the petition stands disposed of accordingly.ratio¶¶33

Detailed headnote1 paragraphs

Article 227 petition by defendants in O.S.No.621/2024 challenging the trial Court's order dated 17.02.2025 allowing the respondent/plaintiff's I.A.No.1 under Order XXXIX Rule 1 and 2 CPC, as confirmed by the first appellate Court's final order dated 01.09.2025 in M.A.No.4/2025: Held, the issues in controversy between the parties would necessarily have to be decided only after a full-fledged trial; without expressing any opinion on the merits/demerits of the rival contentions, the High Court disposed of the petition directing the trial Court to dispose of the suit on merits as expeditiously as possible without being influenced by the findings and observations in the impugned orders, expressly leaving all contentions open to be decided by the trial Court.

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NC: 2026:KHC:3665 WP No. 35249 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF JANUARY, 2026

BEFORE

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

WRIT PETITION NO. 35249 OF 2025 (GM-CPC)

BETWEEN:

SRI. PUTTASWAMAIAH S/O. LATE THIMMAIAH, AGED ABOUT 77 YEARS,

SRI VENKATESH S/O PUTTASWAMAIAH AGE ABOUT 45 YEARS

BOTH ARE R/AT NAVILE HOSUR VILLAGE, BAGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116

…PETITIONERS

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

(BY SRI. PANCHAM R D., ADVOCATE)

AND:

SMT. NINGAMMA W/O LATE NINGAPPA AGED ABOUT 75 YEARS, R/AT NAVILEHOUSE VILLAGE, BAGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116

…RESPONDENT

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER

2 - NC: 2026:KHC:3665 WP No. 35249 of 2025

HC-KAR

DATED 01.09.2025 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC CHANNARAYAPATNA IN MA NO. 4/2025 VIDE ANNX-A 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

This petition by the defendants in O.S.No.621/2024 is directed against the impugned order dated 17.02.2025 passed by the II Additional Civil Judge and JMFC, Channarayapatna, Hassan, whereby the application-I.A.No.1 filed by the respondent/plaintiff under Order XXXIX Rule 1 and 2 of CPC was allowed by the trial Court and confirmed by the first appellate Court in M.A.No.4/2025, whereby the first appellate Court dismissed the said appeal filed by the petitioners vide final order dated 01.09.2025.

Heard learned counsel appearing for the petitioners and perused the material on record.

A perusal of the material on record will indicate that the issues in controversy between the parties would necessarily have to be decided only after a full-fledged trial.

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NC: 2026:KHC:3665 WP No. 35249 of 2025

HC-KAR

Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions, I deemed it just and appropriate to dispose of this petition directing the trial Court to dispose of the suit on merits as expeditiously as possible without being influenced by the findings and observations recorded in the impugned order passed by the trial Court as well as the impugned order passed by the first appellate Court.

Subject to the aforesaid directions and leaving open all contentions to be decided by the trial Court, the petition stands disposed of.

Sd/(S.R.KRISHNA KUMAR) JUDGE

VM

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