Karnataka High Court

WP/29768/2026 of SRI. VERUPAKSHACHAR Vs SMT. C. M. SHANTHAMMA on 30 September 2026

Cites 0, Cited by 0

CNR: KAHC010651082026 NC: 2026:KHC:54850 WP No. 29768 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29768 OF 2026 (GM-CPC) BETWEEN: 1. SRI. VERUPAKSHACHAR S/O LATE MRUTHYUNJAYACHAR

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO. 29768 OF 2026 (GM-CPC)

BETWEEN:

1.

SRI. VERUPAKSHACHAR

S/O LATE MRUTHYUNJAYACHAR @

MRUTHYUNJAYACHARI,

AGED ABOUT 65 YEARS,

2.

SMT. VARALAKSHMI,

W/O SRI. VERUPAKSHACHAR,

AGED ABOUT 48 YEARS

BOTH THE PETITIONERS ARE

RESIDING AT HOSAHALLI VILLAGE.

SASALU HOBALI, DODDABALLAPURA TALUK,

BENGALURU RURAL DISTRICT.

…PETITIONERS

(BY SRI KALEEMULLA SHARIFF, ADVOCATE)

AND:

1.

SMT. C. M. SHANTHAMMA

D/O LATE. MRUTHYUNJAYACHAR @

MRUTHYUNJAYACHARI,

W/O NAGENDRACHAR. R.C.

AGED ABOUT 56 YEARS,

RESIDING AT AKKIRAMPURA VILLAGE POST,

HOLAVANAHALLI HOBALI,

KORATAGERE TALUK,

TUMAKURU DISTRICT

Digitally signed

by VINUTHA B

S

Location: High

Court of

Karnataka

HC-KAR

2.

SMT. M. MANJULA,

D/O LATE. MRUTHYUNJAYACHAR @

MRUTHYUNJAYACHARI,

W/O MANJUNATHACHARI. P.B..R.C.

AGED ABOUT 49 YEARS,

RESIDING AT RAMANNA GARDEN,

VIDYARANYAPURA POST,

KORATAGERE TALUK, TUMAKURU DISTRICT

…RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE

ORDER DTD. 12.12.24 PRODUCED AT ANNX-F ON I.A. FILED

UNDER SECTION 151 OF CPC AND ALSO THE ORDER DTD.

22.08.26 PRODUCED AT ANNX-M I.A. FILED UNDER SECTION

151 OF CPC PASSED BY THE LEARNED SENIOR CIVIL JUDGE, DODDABALLAPURA, BANGALORE RURAL IN FDP NO.14/2022 BY

ISSUING OF WRIT OF CERTIORARI IN THE INTEREST OF

JUSTICE AND EQUITY.

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORAL ORDER

This petition is filed impugning the orders dated 12.12.2024 and 22.08.2026, whereby the applications seeking stay of the proceedings in FDP No.14/2022 till the disposal of Miscellaneous Petition No.37/2022 came to be rejected.

HC-KAR

2. Learned counsel appearing for the petitioners submits that the petitioners could not participate in the partition suit on account of undergoing treatment for neurological ailments. It is submitted that Miscellaneous Petition No.37/2022 has been preferred seeking setting aside of the ex parte decree. It is further submitted that, if the FDP proceedings are concluded pending consideration of Miscellaneous Petition No.37/2022, the said petition would be rendered infructuous.

3. Considered the submissions made by the learned counsel for the petitioners.

4. The Trial Court noticed that an identical application seeking an identical relief had earlier been filed and came to be dismissed by order dated 12.12.2024. The order dated 22.08.2026 is the result of the second application seeking the same relief, which also came to be rejected. In view of the reasons assigned in the order dated 12.12.2024, the present petition impugns, in addition to the order dated 22.08.2026, the order dated 12.12.2024, without there being any explanation for the delay in challenging the said order.

HC-KAR

5. It appears that, in view of the reasons assigned by the Trial Court while rejecting the applications by orders dated 12.12.2024 and 22.08.2026, both the orders have been impugned. Otherwise, the petitioners have no grievance against the order dated 12.12.2024. This Court finds no justification to entertain the present petition. The proper course for the petitioners would have been to pursue expeditious disposal of Miscellaneous Petition No.37/2022. Even no prayer has been made for expeditious disposal of Miscellaneous Petition No.37/2022.

6. In the facts and circumstances of the present case, and in the interest of justice, this Court finds it appropriate to direct the expeditious disposal of Miscellaneous Petition No.37/2022, preferably within an outer limit of nine months from the date of placing a copy of this order before the Trial Court. Accordingly, disposed of. Sd/- (K. V. ARAVIND) JUDGE

VBS/List No.: 1 Sl No.: 51

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead