Karnataka High Court
Shri. Basayya vs Shri. Mallayya on 19 May, 2026
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 19TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION NO. 104069 OF 2026 (GM-CPC)
BETWEEN:
1. SHRI. BASAYYA
S/O GOKARAYYA MATHAPATI,
AGE: 50 YEARS, OCC. AGRICULTURE,
R/O. KADAPATTI, TQ. JAMKHANDI,
DIST. BAGALKOT, NOW AT MUDALAGI, DIST.
2. SHRI SHIVABASAYYA
S/O GOKARAYYA MATHAPATI,
AGE: 40 YEARS, OCC. AGRICULTURE,
R/O. KADAPATTI, TQ. JAMKHANDI,
DIST. BAGALKOT, NOW AT MUDALAGI, DIST.
3. SMT. SHANTA W/O KALLAYYA MATHAPATI,
AGE: 40 YEARS, OCC. HOUSEHOLD,
Digitally signed by
R/O. KADAPATTI, TQ. JAMKHANDI,
CHANABASAPPA
K KALLUR
Location: High
DIST. BAGALKOT, NOW AT MUDALAGI, DIST.
Court of
Karnataka,
Dharwad Bench
4. SHRI DANAYYA S/O KALLAYYA MATHAPATI,
AGE: 30 YEARS, OCC. AGRICULTURE,
R/O. KADAPATTI, TQ. JAMKHANDI,
DIST. BAGALKOT, NOW AT MUDALAGI, DIST.
5. SMT. GANGAVVA W/O GOKARAYYA MATHAPATI,
AGE: 70 YEARS, OCC. AGRICULTURE,
R/O. KADAPATTI, TQ. JAMKHANDI,
DIST. BAGALKOT, NOW AT MUDALAGI,
DIST. BELAGAVI.
... PETITIONERS
(BY SRI. VITTHAL S. TELI, ADVOCATE)
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AND:
1. SHRI. MALLAYYA
S/O SHANKARAYYA PUJARI @ SARADARGOL,
AGE: 56 YEARS, OCC. AGRICULTURE AND PRIEST,
R/O. BASAVESHWAR TEMPLE, KADAPATTI,
TQ. BASAVESHWAR TEMPLE, KADAPATTI,
TQ. JAMKHANDI, DIST. BAGALKOT.
2. SHRI SOMAYYA
S/O SHANKARAYYA PUJARI @ SARADARGOL,
AGE: 51 YEARS, OCC. AGRICULTURE AND PRIEST,
R/O. BASAVESHWAR TEMPLE, KADAPATTI,
TQ. JAMKHANDI, DIST. BAGALKOT.
3. SMT. BASAVVA
W/O SHANKARAYYA PUJARI @ SARADARGOL,
AGE: 75 YEARS, OCC. AGRICULTURE AND PRIEST,
R/O. BASAVESHWAR TEMPLE, KADAPATTI,
TQ. JAMKHANDI, DIST. BAGALKOT.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF MANDAMUS OR DIRECTION DIRECTING THE PRL.
SENIOR CIVIL JUDGE, AND JMFC-JAMKHANDI (ADDL. SENIOR
CIVIL JUDGE, JAMKHANDI) TO CONSIDER THE REVIEW NO.E
FILING ACKNOWLEDGMENT NO.AK202400016552C202600010
VIDE ANNEXURE "N" TO "N3" AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
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ORAL ORDER
In this writ petition, the petitioners sought a direction
not to precipitate the matter by seeking early disposal of
the review petition filed before the Principal Senior Civil
Judge and J.M.F.C., Jamkhandi, in the review petition E
filing Acknowledgment No.AK202400016552C202600010.
“I. Issue a writ of mandamus or direction directing
the Prl. Senior Civil Judge, and JMFC-Jamkhandi
(Addl. Senior Civil Judge, Jamkhandi) to consider
the Review No.E filing Acknowledgment
No.AK202400016552C202600010 vide
Annexure “N” to “N3”.
II. Issue any other Writ or direction as this
Honorable Court deems fit to meet the ends of
justice and equity.”
2. The respondents/plaintiffs have filed a suit for
bare injunction along with that, plaintiffs have also filed an
application under Order XXXIX Rule 1 & 2 R/w Section 151
of C.P.C. The Trial Court has rejected the application filed
by the plaintiffs. Being aggrieved by the same, the plaintiffs
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have filed an M.A. before Appellate Court in M.A.No.8/2025.
The Appellate Court by order dated 21.01.2026 has allowed
that appeal. Being aggrieved by the same, a petitioner has
filed writ petition before this Court in W.P.No.101195/2026
[GM-CPC]. This Court by order dated 16.04.2026 has
disposed of the writ petition reserving liberty to the
petitioners to file a review petition before the First Appellate
Court and directed the respondents not to precipitate the
matter for a period of 30 days.
3. Learned counsel appearing for petitioners has
submitted that pursuant to the directions of this Court,
petitioners have filed a review petition before the First
Appellate Court on 29.04.2026. In view of that summer
vacation, the Trial Court could not take up the review
petition and 30 days interim order granted by this Court will
expire in the middle of that vacation. Therefore, he sought
for extension of that interim order.
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4. In view of the above, the respondents are
directed not to precipitate the matter for further period of
30 days from today.
5. With that observation, writ petition is disposed
of.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
SSP
CT:BCK
LIST NO.: 1 SL NO.: 45
