Sri K R Venkatesh Rao Vs Sri Mohan

SMT. K. V. SHANTHA KUMARI W/O NANJUNDAPPA H. C. AGED ABOUT 66 YEARS R/AT NO.707, 5^TH CROSS, 7^TH MAIN, 1^ST BLOCK, KALYANAGAR, HRBR LAYOUT, BENGALURU – 560 043

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…PETITIONERS

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(BY SRI. THILAKRAJ S.V., ADVOCATE)

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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AND:

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SRI MOHAN S/O SHIVAKUMAR, AGED ABOUT 23 YEARS,

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SRI.CHANDAN, S/O SHIVAKUMAR, AGED ABOUT 21 YEARS,

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BOTH RESPONDENT NO.1 & 2 ARE RESIDING AT RAMAIAHNAPALYA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT

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NC: 2026:KHC:101 WP No. 36529 of 2025

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HC-KAR

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SRI.SIDDALINGAPPA, S/O LATE DODDALAKSHMAIAH @ LAKSHMAIA AGED ABOUT 104 YEARS,

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SRI.SRIKANTAIAH, S/O SIDDALINGAPPA, AGED ABOUT 50 YEARS,

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SRI.SHIVAKUMAR, S/O SIDDALINGAPPA, AGED ABOUT 48 YEARS,

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SRI. NAGESH, S/O LATE MALLARAJU, AGED ABOUT 30 YEARS,

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SRI.MUNISHAMAPPA, S/O MUNINARASAPPA, AGED ABOUT 68 YEARS, NO. 3 TO 7 ARE RESIDING AT RAMAIAHNAPALYA VILLAGE, THOGARIGATTA MAZARA,

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SRI. A. V. PRASANNA S/O LATE ANNAIAHYAPPA, AGED ABOUT 58 YEARS, R/AT NO.13/1, 1^ST CROSS, SAPTHAGIRI RESIDENCE, MARUTHI LAYOUT, VASANTHAPURA, BENGALURU – 560 061

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…RESPONDENTS

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE SENIOR CIVIL JUDGE, DODDABALLAPRA, AND BENGALURU RURAL IN OS NO. 772/2025 AND QUASH OR SET ASIDE THE ORDER PASSED BY THE SENIOR CIVIL JUDGE, DODDABALLAPURA, AND BENGALURU RURAL DATED 12/06/2025 ON IS NO. 1/2025 IN OS NO. 772/2025 AS PER ANNX-F.

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

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NC: 2026:KHC:101 WP No. 36529 of 2025

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HC-KAR

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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, petitioners seek for the following reliefs:-

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“A. Call for the records from the Senior Civil Judge, Doddaballapura, and Bengaluru Rural in O.S.No.772/2025.

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B. Issue writ in the nature of certiorari to quash or set aside the order passed by the Senior Civil Judge, Doddaballapura and Bengaluru rural dated 12.06.2025 on I.A.No.1/2025 in O.S.No.772/2025 as per Annexure-‘F’.

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C. Pass any appropriate order or directions as this Hon’ble Court deemed fit and proper and allow this writ petition in the ends of justice and equity.”

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After arguing the matter for sometime, learned counsel

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for the petitioner submits that the petitioner-defendant Nos.7 and 8 have already entered appearance in the instant O.S.No.772/2025 on the file of the Senior Civil Judge, Doddaballapura, Bengaluru Rural (hereinafter referred to as ‘the Trial Court’ for short) and have not only filed their written statement but also filed an application seeking vacating of ad-interim exparte order passed against them and the Trial Court is not taking up the said application and as

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4 - NC: 2026:KHC:101 WP No. 36529 of 2025

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HC-KAR

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such, the petition may be disposed of reserving liberty in favour of the petitioner to seek advancement/preponement of the case which currently stands posted on 23.02.2026 to an earlier date by directing the Trial Court to dispose of the vacating stay application within a stipulated time frame.

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The aforesaid submission is placed on record.

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The petition stands disposed of reserving liberty in favour of the petitioner to file an advancement/preponement application in the said O.S.No.772/2025 before the Trial Court seeking advancement/preponement of the suit from 23.02.2026 to any earlier date. If such an application is filed by the petitioners/defendant Nos.7 to 8 after duly notifying the respondent Nos.1 and 2/plaintiffs, the Trial Court shall consider and pass appropriate orders on the application filed by the petitioners for vacating the order of temporary injunction as expeditiously as possible and at any rate within a period of one month from the date of receipt of copy of this order.

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