Karnataka High Court
WP/28713/2026 of KUM NALINI B Vs K GANESHAN on 29 September 2026
CNR: KAHC010629332026 NC: 2026:KHC:54180 WP No. 28713 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28713 OF 2026 (GM-CPC) BETWEEN: KUM NALINI B D/O BASAVARAJU M.N, AGED ABOUT 27
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 28713 OF 2026 (GM-CPC)
BETWEEN:
KUM NALINI B
D/O BASAVARAJU M.N,
AGED ABOUT 27 YEARS,
R/O 102, 6TH BLOCK, 1ST FLOOR,
PROVIDENT SUNWORTH APARTMENT,
VENKATAPURA, GOLLAHALLI VILLAGE
PANCHAYATH, KENGERI,
BENGALURU SOUTH,
BENGALURU - 560 060
…PETITIONER
(BY SRI. GIRISH B BALADARE.,ADVOCATE)
AND:
1.
K GANESHAN
S/O LATE KANDASWAMY,
AGED ABOUT 65 YEARS,
R/O DODDINDUVADI VILLAGE,
PALYA HOBLI, KOLLEGAL TALUK,
CHAMARAJANAGAR DIST - 571 443
PRESENTLY R/AT
2-3/211, VIGNESHNAGARA BADAVANE,
VILLANKURUCHCHI, COIMBATORE NORTH,
COIMBATORE, TAMIL NADU
2.
SMT. KAVITHA
W/O MARADACHELAM,
AGED ABOUT 37 YEARS,
Digitally
signed by
VINUTHA B
S
Location:
High Court
of Karnataka
HC-KAR
R/O FARM HOUSE, SIRAGODU VILLAGE,
UDDANURU POST, HANUR TALUK,
CHAMARAJANAGAR DIST - 571 439
3.
SMT. SHIVAGAMI
W/O LATE KANDASWAMY,
AGED ABOUT 70 YEARS,
R/O FARM HOUSE,
IN FRONT OF KANAKAGIRI TEMPLE,
DODDINDUVAGI VILLAGE,
PALYA HOBLI, KOLLEGAL TALUK,
CHAMARAJANAGAR DIST - 571 443
4.
GANESHAN
S/O KANDASWAMY,
AGE MAJOR,
R/O SIRAGODU VILLAGE,
UDDANURU POST, HANUR TALUK,
CHAMARAJANAGAR DIST - 571 439
…RESPONDENTS
(VIDE ORDER DTD:29.09.2026 NOTICE TO RESPONDENTS IS D/W)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ANEXR- E
THAT THE ORDER DATED 27-07-2026 PASSED IN MISC. PET.
1/2026 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC
AT KOLLEGALA. CONSEQUENTLY, ALLOW THE IA NO.1 FILED
UNDER ORDER 39 RULE 1 AND 2 OF CPC AND IA NO.2 FILED
UNDER SECTION 151 OF CPC IN THE INTEREST OF JUSTICE
AND EQUITY (AS ANNEXURE - C & D)
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
The present petition is filed impugning the order dated 27.07.2026 passed in Misc. Petition No.1/2026 by the learned Senior Civil Judge and JMFC, Kollegala.
2. Learned counsel for the petitioner submits that an ex parte Judgement and decree of declaration came to be passed against the petitioner without service of notice. Aggrieved by the said decree, Miscellaneous Petition No.1/2026 has been filed along with an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure,1908, on which notice has been issued by the Trial Court. It is further submitted that, taking advantage of the pendency of the application under Order XXXIX Rules 1 and 2 of the CPC, the respondents are attempting to effect mutation of the revenue entries.
3. Considering the limited scope of interference in the present petition, notice to the respondents is dispensed with.
HC-KAR
4. The respondents are restrained from seeking any change in the revenue entries until the application filed under Order XXXIX Rules 1 and 2 of the CPC in Miscellaneous Petition No.1/2026 is considered and disposed of by the Trial Court.
5. The Trial Court is directed to dispose of the said application within one month from the next date of hearing.
Accordingly, the writ petition is disposed of.
Sd/- (K. V. ARAVIND) JUDGE
DDU List No.: 1 Sl No.: 47