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Jayabai Vs Balajinaika — Writ and Judicial Review | Karnataka HC (2026)

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Karnataka HC
2026
Jayabai Vs BalajinaikaJayabai v. Balajinaika

Dismissed¶44

Jayabai v. Balajinaika

Constitution of India, Article 227 – Writ Petition (GM-CPC)

Karnataka HC27 Apr 2026WP/6435/2026

Case brief

AI extract

What is this about?

NC: 2026:KHC:23398; High Court of Karnataka at Bengaluru, WP No. 6435 of 2026 (GM-CPC), decided 27.04.2026 by K. V. Aravind J. Petitioners led by Jayabai v. respondent Balajinaika. Article 227 petition to quash order dated 13.02.2026 of II Addl. Civil Judge and JMFC, Kadur in IA No. 4 in Ex.P No. 02/2024 (execution proceedings); interim stay ordered 27.02.2026; RSA No.193/2026 dismissed on 08.04.2026; writ petition dismissed as not surviving, merits untouched. No precedent engaged; no monetary quantum.

What did the court decide?

In view of the dismissal of RSA No.193/2026 on 08.04.2026 (conceded by learned counsel for the petitioners and accepted by the Court), the writ petition does not survive for consideration and accordingly stands dismissed; the merits of the impugned order were not adjudicated. ¶44

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the order dated 13.02.2026 passed by the II Addl. Civil Judge and JMFC, Kadur, in IA No. 4 in Ex.P No. 02/2024 should be quashed in exercise of jurisdiction under Article 227 of the Constitution of India.

Court's answer

In view of the dismissal of RSA No.193/2026 on 08.04.2026 (conceded by learned counsel for the petitioners and accepted by the Court), the writ petition does not survive for consideration and accordingly stands dismissed; the merits of the impugned order were not adjudicated.

Detailed headnote1 paragraphs

Constitution of India, Article 227 — Writ Petition (GM-CPC) — Challenge to order dated 13.02.2026 of II Addl. Civil Judge and JMFC, Kadur, in IA No. 4 in Ex.P No. 02/2024 — Interim stay of impugned order granted by this Court on 27.02.2026 solely to enable petitioners to seek interim orders in RSA No.193/2026 — RSA No.193/2026 dismissed on 08.04.2026 — Counsel for petitioners conceding non-survival — Writ petition dismissed without adjudication on the merits of the impugned order.

A

1 -

NC: 2026:KHC:23398 WP No. 6435 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO.6435 OF 2026 (GM-CPC)

BETWEEN:

JAYABAI W/O SEVYANAIKA AGED ABOUT 67 YEARS, HOUSE WIFE, R/O CHIKKINGALA VILLAGE, KADUR TALUK, CHIKMAGALUR-DISTRICT

KUMARANAIKA S/O CHANDRANAIKA, AGED ABOUT 58 YEARS, AGRICULTURIST,

MANJULABAI W/O KUMARANAIKA, AGED ABOUT 57 YEARS, HOUSE WIFE,

Digitally signed by VINUTHA B S Location: High Court of Karnataka

DEEPABAI D/O KUMARANAIKA, AGED ABOUT 30 YEARS, HOUSE WIFE,

MALABAI W/O DHANAPALANAIKA, D/O KUMARANAIKA, AGED ABOUT 30 YEARS, HOUSE WIFE,

SWAMYNAIKA S/O CHANDRANAIKA, AGED ABOUT 53 YEARS, AGRICULTURIST,

SARASWATHIBAI W/O SWAMYNAIKA AGED ABOUT 48 YEARS, HOUSE WIFE,

2 - NC: 2026:KHC:23398 WP No. 6435 of 2026

HC-KAR

SHEELABAI D/O SWAMYNAIKA, W/O KRISHNAIKA, AGED ABOUT 38 YEARS, HOUSE-WIFE, R/O EMMEDODDI, GANDHI NAGARA, KADUR-TALUK., CHIKKAMAGALUR DISTRICT.,

SHANKARANAIKA S/O SWAMYNAIKA, AGED 26 YEARS, AGRICULTURIST,

10. ANITHA

W/O LATE MANJANAIKA, AGED ABOUT 40 YEARS,

RAKSHITH S/O LATE MANJANAIKA, AGED ABOUT 22 YEARS, STUDENT.

PETITIONER NO: 2 TO 7 AND 9 TO 11 ARE

RESIDENTS OF T.B. KAVALU VILLAGE, KERESANTHE-POST, SAKHARAYAPATNA HOBLI, KADUR TALUK: CHIKMAGALUR DISTRICT., 577548

…PETITIONERS

(BY SRI. M.R.HIREMATHAD, ADVOCATE)

3 - NC: 2026:KHC:23398 WP No. 6435 of 2026

HC-KAR

AND:

BALAJINAIKA S/O SAMYANAIAKA, AGED ABOUT 69 YEARS, AGRICULTURIST, RESIDENT OF T. B. KAVALU VILLAGE, SAKHARAYAPATNA HOBALI., KADUR. TALUK CHIKMAGALUR DISTRICT - 577548.

…RESPONDENT

(BY SRI. NAGARAJA.R.C., ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.02.2026 PASSED BY THE LEARNED II ADDL. CIVIL JUDGE AND JMFC AT KADURI IN IA NO. 4 IN EX. P NO. 02/2024 PRODUCED AT ANNX-H AND ETC.

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

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

4 -

NC: 2026:KHC:23398 WP No. 6435 of 2026

HC-KAR

ORAL ORDER

This Court by order dated 27.02.2026 passed the

following order:

"In the meanwhile, for the limited/restricted purpose of enabling the petitioners to obtain appropriate interim order in RSA No.193/2026, the impugned order dated 13.02.2026 passed in Ex.No.2/2024 pending on the file of II Addl.Civil Judge and JMFC, Kadur, is hereby stayed till the next date of hearing."

It is submitted that RSA.No.193/2026 is dismissed on 08.04.2026. Learned counsel for the petitioners fairly submits that in view of the dismissal of RSA.No.193/2026, the present writ petition do not survive for consideration.

Accordingly, writ petition stands dismissed .

SD/(K. V. ARAVIND) JUDGE

SMJ

List No.: 1 Sl No.: 11

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the order dated 13.02.2026 passed by the II Addl. Civil Judge and JMFC, Kadur, in IA No. 4 in Ex.P No. 02/2024 should be quashed in exercise of jurisdiction under Article 227 of the Constitution of India.medium confidence¶33
The court held
In view of the dismissal of RSA No.193/2026 on 08.04.2026 (conceded by learned counsel for the petitioners and accepted by the Court), the writ petition does not survive for consideration and accordingly stands dismissed; the merits of the impugned order were not adjudicated.ratio¶44

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 227¶33

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 13.02.2026 in IA No. 4 in Ex.P No. 02/2024 (produced at Annexure-H), sought to be quashed by this writ petition under Article 227 of the Constitution of India.¶33
II Addl. Civil Judge and JMFC, Kadur · 13.02.2026
Prior proceeding
By order dated 27.02.2026, this Court stayed the impugned order dated 13.02.2026 passed in Ex.No.2/2024 till the next date of hearing, restricted to enabling the petitioners to obtain interim orders in RSA No.193/2026.¶42
Prior proceeding
RSA No.193/2026 was dismissed on 08.04.2026; learned counsel for the petitioners fairly conceded that the writ petition does not survive for consideration.¶43

Parties & counsel

AI extract

petitioner
JAYABAI W/O SEVYANAIKA¶8
M.R. Hiremathad
petitioner
KUMARANAIKA S/O CHANDRANAIKA¶9
M.R. Hiremathad
petitioner
MANJULABAI W/O KUMARANAIKA¶10
M.R. Hiremathad
petitioner
DEEPABAI D/O KUMARANAIKA¶12
M.R. Hiremathad
petitioner
MALABAI W/O DHANAPALANAIKA¶13
M.R. Hiremathad
petitioner
SWAMYNAIKA S/O CHANDRANAIKA¶14
M.R. Hiremathad
petitioner
SARASWATHIBAI W/O SWAMYNAIKA¶15
M.R. Hiremathad
petitioner
SHEELABAI D/O SWAMYNAIKA¶18
M.R. Hiremathad
petitioner
SHANKARANAIKA S/O SWAMYNAIKA¶19
M.R. Hiremathad
petitioner
ANITHA¶20
M.R. Hiremathad
petitioner
RAKSHITH S/O LATE MANJANAIKA¶22
M.R. Hiremathad
respondent
BALAJINAIKA S/O SAMYANAIAKA¶30
Nagaraja R.C.

Coram

AI extract

K. V. ARAVINDauthor¶35

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 27 Apr 2026 · April
Registered: 24 Feb 2026
Case no.: WP/6435/2026
CNR: KAHC010142932026
Topic: Writ and Judicial Review
Bench: K. V. Aravind
Disposal: DISMISSED
Case type: Writ Petition (GM-CPC)

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Cite this judgement

Jayabai v. Balajinaika, WP/6435/2026 (KA), decided on 27 April 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 227

View all statutes

Procedural history3

Order dated 13.02.2026 in IA No. 4 in Ex.P No. 02/2024 (produced at Annexure-H), sought to be quashed by this writ petition under Article 227 of the Constitution of India.II Addl. Civil Judge and JMFC, Kadur · 13.02.2026
By order dated 27.02.2026, this Court stayed the impugned order dated 13.02.2026 passed in Ex.No.2/2024 till the next date of hearing, restricted to enabling the petitioners to obtain interim orders in RSA No.193/2026.
RSA No.193/2026 was dismissed on 08.04.2026; learned counsel for the petitioners fairly conceded that the writ petition does not survive for consideration.

View full history

Bench / Coram

K. V. ARAVIND

Parties & counsel