Karnataka High Court
WP/14230/2026 of SRI GANGARAJU M G Vs RENUKAPPA on 7 September 2026
CNR: KAHC010300812026 NC: 2026:KHC:48261 WP No. 14230 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 14230 OF 2026 (GM-RES) BETWEEN: 1. SRI. GANGARAJU M G S/O LATE GANGAHANUMAIAH,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 14230 OF 2026 (GM-RES)
BETWEEN:
1.
SRI. GANGARAJU M G
S/O LATE GANGAHANUMAIAH,
AGED ABOUT 49 YEARS,
2.
KUMAR M.G,
S/O LATE GANGAHANUMAIAHA
AGED ABOUT 45 YEARS,
3.
SRI. HANUMANTHARAJU.
G S/O LATE HANUMANTHARAJU,
AGED ABOUT 53 YEARS,
4.
SMT.SHARADAMMA
W/O HANUMANTHARAJU
D/O LATE GANGAPPA,
AGED ABOUT 44 YEARS,
ALL ARE R/O MASKAL VILLAGE,
GULURU HOBLI,
TUMKUR TALUK,
TUMKUR DISTRICT - 572 101.
…PETITIONERS
(BY SRI. YOGESH.B.N. ADVOCATE FOR
SRI. UMA SHANKAR. L, ADVOCATE)
AND:
RENUKAPPA
S/O LATE SIDDAPPA,
AGED ABOUT 52 YEARS,
R/O CHOWDIBEGURU VILLAGE,
Digitally
signed by
BHARATHI S
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
MAGADI TALUK - 562 120
RAMANAGARA DISTRICT - 562 159.
…RESPONDENT
(BY SRI. HEGDE SHRIPAD GANGADHAR, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING AND
SETTING ASIDE THE IMPUGNED ORDER DATED 21/02/2026
PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC, MAGADI IN O.S.NO. 530/2025 (PRODUCED AS ANNEXURE-A
HERETO DIRECT THE ADDL. SENIOR CIVIL JUDGE AND JMFC, MAGADI TO TAKE THE WRITTEN STATEMENT OF THE
PETITIONERS ON RECORD AND TO ADJUDICATE O.S.NO.
530/2025 ON MERITS, SUBJECT TO SUCH COSTS AS THIS
HON'BLE COURT MAY DEEM FIT TO IMPOSE UPON THE
PETITIONERS FOR THE DELAY 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 C.M. POONACHA
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ORAL ORDER
The present petition is filed seeking for the following reliefs:
WHEREFORE, in view of the aforesaid facts and grounds, the Petitioners most respectfully pray that this Hon'ble Court be pleased to:
(a) Declare that, the impugned Provision of Code of Civil Procedure (Karnataka Amendment) Act,
(Karnataka Act No.40 of
(Amending the Provision Relating to Mandatory timelines under order V and Order VIII) are Ultra Vires to the Constitution.)
HC-KAR
(b) Consequently, this Hon'ble Court be pleased to Strike Down the provisions as violation of the Article 14 and 21 of the Constitution of the India.
(c) Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction, quashing and setting aside the impugned order dated 21/02/2026 passed by the Addl. Senior Civil Judge and JMFC, Magadi in O.S.No.
(produced as ANNEXURE-A hereto);
(d) Direct the Addl. Senior Civil Judge and JMFC, Magadi to take the Written Statement of the Petitioners on record and to adjudicate O.S.No. 530/2025 on merits, subject to such costs as this Hon'ble Court may deem fit to impose upon the Petitioners for the delay; (e) Pass such other and further writ, order or direction as this Hon'ble Court may deem fit, having regard to the facts, circumstances and grounds set out herein, in the interest of justice and equity.
2. Petitioners assail the Karnataka Amendment Act, 2024, made to the Code of Civil Procedure, 1908, vide Karnataka Act No.40/2025 stipulating timeline for filing of written statement and other reliefs.
3. Having regard to the judgment of the Coordinate Bench of this Court in the case of Shri Basavaraj S. v. State of Karnataka1 the present petition is disposed of. This order 1 Order dated 28.07.2026 passed in WP.No.8032/2026 c/w WP.No.9372/2026, NC:2026:KHC:39343
HC-KAR
will not preclude the petitioners from availing remedies as permissible in law.
(C.M. POONACHA) JUDGE
ND List No.: 1 Sl No.: 70