Karnataka High Court
WP/8899/2024 of SMT. YASHODAMMA Vs A.L.SATHISH KUMAR on 29 September 2026
CNR: KAHC010176992024 NC: 2026:KHC:54021 WP No. 8899 of 2024 1 IN THE HIGH COURT OF KARNATAKAAT BENGALURU DATED THIS THE 29THDAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 8899 OF 2024 (GM-CPC) BETWEEN: 1. SMT. YASHODAMMA W/O LATE SRI. KALAIAH, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKAAT BENGALURU
DATED THIS THE 29THDAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
WRIT PETITION NO. 8899 OF 2024 (GM-CPC)
BETWEEN:
1.
SMT. YASHODAMMA
W/O LATE SRI. KALAIAH,
AGED ABOUT 84 YEARS,
2.
SMT. NAYANA.B.L.
W/O LATE SRI. K.SRINIVASA,
AGED ABOUT 50 YEARS,
BOTH ARE R/AT:
NO.65/18, I CROSS,
16TH MAIN, HMT LAYOUT,
MATHIKERE, BENGALURU-54.
…PETITIONERS
(BY SRI. T.N.VISWANATHA., ADVOCATE)
AND:
A.L.SATHISH KUMAR
S/O LATE ANCHI LINGAPPA,
AGED ABOUT 51 YEARS,
NO.369, 7THCROSS,
SHANTHINAGAR,
BENGALURU-27.
…RESPONDENT
(BY SRI. V.B.SHIVA KUMAR, ADVOCATE - ABSENT)
***
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 06/03/2024, PASSED BY THE
Digitally signed by
SUMATHY KANNAN
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
XXXVII
ADDL.
CITY
CIVIL
AND
SESSIONS
JUDGE
AT
BENGALURU,
IN
O.S
NO.2406/2020
DEFERRED
CONSIDERATION
OF
IA
NO.2/2023
FILED
BY
THE
PETITIONERSS UNDER SECTION 340 OF CR.PC AT ANNEXURE-
A. ALLOW IA NO.2/2023 FILED BY THE PETITIONERS UNDER
SECTION 340 OF CR.PC. IN OS NO. 2406/2020 AT ANNEXURE- H.
THIS
WRIT
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU
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ORAL ORDER
1. None appears for the respondent, despite the matter being called out twice today. Given the limited issue involved and the stay of the further proceedings in a suit, granted by this Court on 25.03.2024, this Court deems it apposite to hear and decide the matter today.
2. The limited grievance of the petitioners is qua an order dated 06.03.2024 passed in O.S.No.2406/2020 on an application [I.A.No.2/2023], which was filed by the petitioners/defendants No.1 and 2 under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973,
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to hold an enquiry against the respondent/plaintiff about tendering false and fabricated evidence.
3. The learned Trial Court, after examining the application [I.A.No.2/2023], disposed of the application with a direction that the application cannot be decided at that stage. However, it was stated in the order that the decision regarding the same is kept open.
4. The learned counsel for the petitioners has filed a memo today. He contends that although the decision was left open, the liberty to file an application at the appropriate stage was not granted to the petitioners. Hence the only relief that the petitioners seek from this Court is that liberty.
5. The memo is taken on record.
6. A reading of the Impugned Order shows that, whether or not there may be an inquiry, the issue of the inquiry has been left open by the learned Trial Court. Consequently, the petitioners would be at liberty to file an
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application at the appropriate stage, albeit in accordance with the law.
7. With these directions, this petition stands disposed of. All pending applications stand closed.
8. It is clarified that this Court has not examined the matter on merits. The rights and contentions of both parties are left open to be agitated before the appropriate Forum.
Sd/- (TARA VITASTA GANJU) JUDGE BMV* List No.: 2 Sl No.: 4 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNATAKA