Disposed¶31

H B Shivu v. H C Cheluvaraju

Karnataka HC29 Jan 2026WP/37207/2025

Case brief

AI extract

What is this about?

Karnataka HC Bengaluru, NC: 2026:KHC:4740, WP No. 37207 of 2025 (GM-CPC), decided 29-01-2026 by S.R. Krishna Kumar J. Petitioner H.B. Shivu v. Respondent H.C. Cheluvaraju. Article 227 certiorari against M.A.No.5/2022 order dated 11-11-2025 of IVth Addl. District & Sessions Judge, Mandya (Annexure-W); petition withdrawn/disposed on joint submissions; liberty to file applications in O.S. No.99/2021 and O.S. No.539/2022; Trial Court to hear objections and decide per law; merits left open. No precedent cited; no quantum.

What did the court decide?

Petition disposed of as withdrawn with liberty reserved to the petitioner to file appropriate application(s) in O.S. No.99/2021 and O.S. No.539/2022; the Trial Court to give the respondent an opportunity to file objections and dispose of such application(s) in accordance with law. ¶31

H B Shivu Vs H C Cheluvaraju — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the judgment and order dated 11-11-2025 of the IVth Addl. District & Sessions Judge, Mandya, in M.A.No.5/2022 (Annexure-W) should be quashed by a writ of certiorari in this writ petition under Article 227 of the Constitution of India. (Framed from the prayer; never adjudicated, as contentions were kept open.)

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Court's answer

All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits or demerits of the rival contentions.

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Ratio / Principle

On the joint submissions of both sides, the petition is disposed of as withdrawn, reserving liberty to the petitioner to file appropriate application(s) in the suits O.S. No.99/2021 and O.S. No.539/2022.

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Key takeaways

If the petitioner files such application(s), the Trial Court shall provide the respondent an opportunity to file objections and thereafter dispose of the application(s) in accordance with law.ratio¶31

Detailed headnote1 paragraphs

Writ Petition (GM-CPC) under Article 227 of the Constitution of India seeking certiorari against the judgment and order dated 11-11-2025 of the IVth Addl. District & Sessions Judge, Mandya, in M.A.No.5/2022 (Annexure-W). After arguments, on joint submissions of counsel for both sides, the Single Judge (S.R. Krishna Kumar, J.) disposed of the petition as withdrawn, reserving liberty to the petitioner to file appropriate application(s) in O.S. No.99/2021 and O.S. No.539/2022, directing that if such application(s) are filed the Trial Court shall afford the respondent an opportunity to file objections and dispose of the application(s) in accordance with law. All rival contentions were kept open and no opinion was expressed on merits.

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NC: 2026:KHC:4740 WP No. 37207 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF JANUARY, 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. 37207 OF 2025 (GM-CPC)

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BETWEEN:

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H.B. SHIVU S/O BASAVEGOWDA AGED ABOUT 49 YEARS R/AT NO.13, 4^TH MAIN ROAD, PUBLIC SCHOOL, KEMPEGOWDA EXTN, LAGGERE, PEENYA INDUSTRIAL AREA, BENGALURU-560058

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…PETITIONER (BY SRI. HANUMANTHAPPA B. HARAVIGOWDAR, ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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H.C. CHELUVARAJU S/O LATE H.K.CHELUVAIAH AGED ABOUT 77 YEARS, R/AT K.HONNALAGERE VILLAGE, KASABA HOBLI, MADURU TALUK, MANDYA DISTRICT-571828 …RESPONDENT (BY SRI. VINOD KUMAR B.N., ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED JUDGMENT AND ORDER PASSED BY THE IVTH ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA IN M.A.NO.5/2022 DATED 11.11.2025 VIDE ANNEXURE-W WITH IMMEDIATE EFFECT.

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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:4740 WP No. 37207 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, the petitioner seeks the following reliefs:

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"i. Issue a Writ in the nature of certiorari quashing of impugned judgment and order passed by the IVth Addl. District & Sessions Judge at Mandya, in M.A.No.5/2022 dated 11-11-2025, vide Annexure-W, with immediate effect.

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ii. Issue any other order or direction as this Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity."

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After arguing the matter for sometime, the learned counsel for the petitioner submitted that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to file appropriate applications seeking suitable reliefs in O.S. No.99/2021 as well as the suit in O.S. No.539/2022 with a direction to the Trial Court to dispose of the applications in accordance with law.

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Per contra, the learned counsel for the respondent submits that if the petitioner files such application(s), the respondent may be granted liberty to file objections to the said

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NC: 2026:KHC:4740 WP No. 37207 of 2025

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HC-KAR

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application(s) and the Trial Court may be directed to dispose of the said application(s) in accordance with law.

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In view of the aforesaid facts and circumstances and joint submissions made by both sides, this petition is disposed of reserving liberty in favour of the petitioner to file appropriate application(s) in the suits in O.S. No.99/2021 and O.S No.539/2022. If the petitioner files application(s), the Trial Court shall provide an opportunity to the respondent to file objections to the application(s) and thereafter, dispose of the application(s) in accordance with law.

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All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits / de-merits of the rival contentions.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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SMA

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List No.: 1 Sl No.: 13

H B Shivu v. H C Cheluvaraju

Case brief

What is this about?

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H B Shivu v. H C Cheluvaraju

Case brief

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What the court decided

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