Full Judgment Text
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NC: 2026:KHC:4721
WP No. 35327 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.35327 OF 2025 (GM-CPC)
BETWEEN:
SRI. D. MOHAN KUMAR,
S/O SRI. DORESWAMY,
AGED ABOUT 45 YEARS,
R/AT GOWRI NILAYA,
S.J. ROAD, JANNAPURA,
BHADRAVATHI - 577 301.
…PETITIONER
(BY SRI. NAGARAJ D., ADVOCATE)
AND:
1. SMT. RAJESHWARI,
W/O SRI. NARAYANASWAMY,
AGED ABOUT 59 YEARS,
TH
R/AT NO.40/D, 5 MAIN, YADAGIRI,
MYSURU - 585 201.
2. SMT. VELLIYAMMAL,
W/O SRI. SUBRAMANIAN,
AGED ABOUT 68 YEARS,
R/AT NO.89, BALAJI NAGARA,
GOPI CHATTY PALAYAM TALUK,
ERODE DISTRICT – 638 452,
TAMIL NADU STATE.
3. SRI. K.R. MANJUNATHA,
S/O SRI. RAMASWAMY,
AGED ABOUT 56 YEARS,
R/AT RAJESHWARI NILAYA,
NTB ROAD, JANNAPURA,
BHADRAVATHI – 577 301.
Digitally signed
by CHANDANA
B M
Location: High
Court of
Karnataka
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NC: 2026:KHC:4721
WP No. 35327 of 2025
HC-KAR
4. SRI. MURTHY,
S/O LATE K.M.RAMASWAMY,
AGED ABOUT 53 YEARS,
R/AT RAJESHWARI NILAYA,
NTB ROAD, JANNAPURA,
BHADRAVATHI – 577 301.
5.
SMT. VIJAYA,
DEAD BY HER LRS
SRI. M. SHANKARA,
S/O SRI. MUTHUVELU,
AGED ABOUT 55 YEARS,
6. SRI. M. JAYAKUMAR,
S/O SRI. MUTHUVELU,
AGED ABOUT 53 YEARS,
7. SRI. M. ANANDA,
S/O SRI. MUTHUVELU,
AGED ABOUT 45 YEARS,
8. SRI. M. NAGARAJA,
S/O SRI. MUTHUVELU,
AGED ABOUT 48 YEARS,
RESPONDENT NOS.5 TO 8 ARE
ALL R/AT NO.3/104, GANDHINAGAR,
UTHUKULI ROAD, MALLAPALYAM,
ERODE, TAMIL NADU – 638 452.
9. SMT. SARASWATHI,
W/O SRI. K.S. RANGASWAMY,
AGED ABOUT 63 YEARS,
R/AT NO.10, KARUNANIDHI NAGARA,
RAMANATHAPURAM, COIMBATORE,
TAMIL NADU – 641 001.
10. SMT. PADMINI,
W/O SRI. NAGARAJAN,
AGED ABOUT 51 YEARS,
R/AT RAJESHWARI NILAYA,
NTB ROAD, JANNAPURA,
BHADRAVATHI – 577 301.
…RESPONDENTS
(BY SRI. KARTHIK S. TAYUR, ADV. FOR R1 & R2)
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NC: 2026:KHC:4721
WP No. 35327 of 2025
HC-KAR
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR
DIRECTION IN THE NATURE OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT AS THIS HON’BLE COURT DEEMS FIT IN THE
FACTS AND GROUNDS FOR INTERIM PRAYER URGED IN THE
WRIT PETITION, QUASHING THE ENTIRE ORDER DATED
19.11.2025 PASSED BY THE LEARNED I ADDL. SENIOR CIVIL
JUDGE AND J.M.F.C., BHADRAVATHI IN F.D.P.NO.16/2011 ON
I.A.NOS. 18 AND 19, AND THE AUCTION PROCEEDINGS PURSUANT
THERETO VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND
EQUITY; PASS ORDER OF CONSEQUENTIAL RELIEF OR ANY
OTHER APPROPRIATE ORDER OR DIRECTION AS THIS HON’BLE
COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE
CASE, IN THE ENDS OF JUSTICE AND EQUITY.
ORDERS
THIS PETITION COMING ON FOR THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
Learned counsel for the petitioner files an application seeking
to convert the present petition into a Regular First Appeal (RFA).
2. The aforesaid memo is placed on record.
3. Registry is directed to convert this Writ Petition into a
Regular First Appeal (RFA) and post the matter before appropriate
Bench having roster. Further, Registry is directed to permit the
learned counsel for the petitioner to carry out necessary corrections
in the writ papers for the purpose of conversion of the same into a
Regular First Appeal.
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NC: 2026:KHC:4721
WP No. 35327 of 2025
HC-KAR
4. Accordingly, the writ petition is disposed of for
statistical purpose.
5. It is further clarified that the interim order granted
earlier is extended till the next date of hearing.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
SV
List No.: 1 Sl No.: 53