Disposed

Sri Shivappa, v. Sri Kumar

Karnataka HC12 Feb 2026WP/35784/2025

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition filed under Articles 226 and 227 seeking to quash a lower court decree and judgment. The court held the petition not maintainable and disposed of it, reserving liberty for the petitioner to file an appropriate appeal within six weeks. Section 14 benefits were extended for the limitation period if an appeal is filed.

What did the court decide?

Disposed of the writ petition reserving liberty to prefer an appeal within six weeks. Section 14 of Limitation Act benefits allowed for appeal.

Sri Shivappa, Vs Sri Kumar — Civil Procedure and Limitation | Karnataka HC (2026)

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NC: 2026:KHC:9046 WP No. 35784 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026

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BEFORE

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

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WRIT PETITION NO.35784 OF 2025 (GM-CPC)

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BETWEEN:

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SRI SHIVAPPA, S/O LATE CHANNGEGOWDA AGED ABOUT 65 YEARS, R/AT THAGADEGOWDANADODDI, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGAR DISTRICT - 562 117.

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…PETITIONER

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(BY SMT. RAMYA A S., ADVOCATE)

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AND:

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SRI KUMAR

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S/O LATE SHIVARAMEGOWDA

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AGED ABOUT 63 YEARS

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RESIDING AT THAGADEGOWDANA DODDI

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Digitally signed by CHANDANA B M

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Location: High Court of Karnataka

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VILLAGE, UYYAMBALLI HOBLI, KANAKAPURA TALUK

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RAMANAGR DISTRICT 562 117.

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SRI. SAROJAMMA W/O LATE SHIVAMARIGOWDA AGED ABOUT 80 YEARS RESIDING AT THAGADEGOWDANADODDI VILLAGE UYYAMBALLI HOBLI, KANAKAPURA TALUK RAMANAGR DISTRICT 562117.

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…RESPONDENTS

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS AND PROCEEDINGS IN O.S.NO.185/1992

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NC: 2026:KHC:9046 WP No. 35784 of 2025

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HC-KAR

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ON THE FILE OF THE FIRST ADDITIONAL CIVIL JUDGE AND JMFC, KANAKAPURA AND ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE JUDGMENT AND DECREE DATED 26.08.2014 IN O.S.NO.185/1992 AND DISTRICT COURT JUDGMENT DATED 05.09.2023 AS BEING ILLEGAL, PERVERSE AND PASSED WIHTOUT DUE APPRECIATION OF FACTS AND LAW; ANNEXURE-A.

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

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner seeks the following reliefs:

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(i) Call for the entire records and proceedings in O.S.No.185/1992 on the file of the I Addl. Civil Judge & JMFC, Kanakapura.

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(ii) Issue a writ in the nature of certiorari quashing the judgment and decree dated 26.08.2014 in O.S.No.185/1992 and District Court judgment dated 05.09.2023 as being illegal, perverse and passed without due appreciation of facts and law; Annexure – A;

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(iii) Pass such other order/s or direction/s as this Hon’ble Court deems fit in the interest of justice and equity.”

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NC: 2026:KHC:9046 WP No. 35784 of 2025

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HC-KAR

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Heard learned counsel for the petitioner and perused the material on record.

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In view of the reliefs sought for in the present petition,

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the same is not maintainable and hence, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to prefer an appropriate appeal before the appropriate jurisdictional Court / this Court.

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Accordingly, petition is disposed of reserving liberty in favour of the petitioner to prefer an appeal before the appropriate jurisdictional Court / this Court.

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If such an appeal is filed by the petitioner within a period of six weeks from today, the petitioner would be entitled to the benefit of Section 14 of the Limitation Act.

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Registry is directed to return back the papers / documents to the learned counsel for the petitioner immediately without any delay.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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List No.: 1 Sl No.: 20

Sri Shivappa, v. Sri Kumar

Case brief

What is this about?

What did the court decide?

Sri Shivappa, v. Sri Kumar

Case brief

What is this about?

What did the court decide?

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Statutes considered

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