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2025 Supreme(Kar) 1907

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S. VISHWAJITH SHETTY
P. Nataraju, Since Deceased By His Lrs,- Smt. B. Eswaramma, (W/o. Late Sri P. Nataraj) – Appellant
Versus
S. Venkataram, S/o. Late Sri. Y. Subba Rao – Respondent


Advocates Appeared:
For the Petitioners: Sri. Nandish Gowda G.B., Adv.
For the Respondents: Sri. M.M. Prashantha, Adv.

ORDER :

S. VISHWAJITH SHETTY, J.

Plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to issue a writ of mandamus directing the Trial Court to dispose of applications filed on behalf of the plaintiff in O.S.No.620/2010 under Order 39 Rule 1 and 2 read with Section 151 of CPC vide Annexures-J and K.

2. Learned counsel for the petitioners submits that application vide Annexure-J under Order 39 Rule 1 and 2 read with Section 151 of CPC was filed on 26.07.2010. Subsequently seeking similar relief, yet another application has been filed on 11.07.2019. The Trial Court has not passed orders on both the applications. He submits that he does not press his prayer made in the application vide Annexure-J and he would be satisfied if the Trial Court is directed to consider and dispose of the application dated 11.07.2019 filed under Order 39 Rule 1 and 2 of CPC vide Annexure-K.

3. Per contra, learned counsel appearing for the contesting respondents submits that prayer made in the application has been rendered infructuous having regard to the subsequent developments.

4. Be that as it may, fact remains that the applications which ar

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