IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.30672 OF 2025 (GM-CPC)

BETWEEN:

STATE BANK OF INDIA STRESSED ASSETS MANAGEMENT BRANCH

2^ND FLOOR, LHO CAMPUS, NO. 65, ST.MARKS ROAD, BENGALURU-560 001, REP. BY ITS AUTHORIZED OFFICER, SRI.GAJANAN VALU RATHOD, S/O. VALU RATHOD, AGED ABOUT 51 YEARS.

… PETITIONER (BY SRI. NANDISH PATIL.,ADVOCATE)

AND:

SRI. DAYANANDA S/O. LATE B.N.THIMMAREDDY, AGED ABOUT 60 YEARS, R/AT NO.207/2, RANJITHA FARMS, BOMMASANDRA, ANEKAL TALUK, Digitally signed BENGALURU-560 099.

by GAVRIBIDANUR … RESPONDENT SUBRAMANYA GUPTA SREENATH THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF Location: HIGH THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE COURT OF KARNATAKA COURT OF PRL. CIVIL JUDGE AND JMFC, ANEKAL TO DISPOSE OF I.A. FILED UNDER ORDER 39 RULES 1 & 2 OF CPC PENDING IN OS NO. 329/2024 WITHIN AN OUTER LIMIT OF 30 DAYS.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard learned counsel for petitioner.

2. This Court does not find any need to issue notice to the respondent as no relief is sought against him and so also no adverse order is passed against him. The only relief that is sought in the present writ petition is to direct the learned Principal Civil Judge & JMFC, Anekal to dispose of I.A. filed under Order XXXIX Rules 1 & 2 of CPC in O.S. No.329/2024 within an outer limit of 30 days.

3. It is the contention of learned counsel for petitioner that suit came to be filed on 27.4.2024 for declaration and consequential relief of Permanent Injunction against the petitioner/defendant and others. Alongwith the plaint, the respondent/plaintiff filed an application under Order XXXIX Rules 1 & 2 of CPC. There was an ad interim exparte order granted against the defendants. The petitioner being the defendant No.2 filed the written statement and also objections to the application. The petitioner also filed written arguments on 2.8.2025. However, the trial Court has not yet disposed of the application filed under Order XXXIX Rules 1 and 2 of CPC, on merits. The trial Court is granting time to the respondent/plaintiff for one reason or the other and so also respondent/plaintiff is taking time for one or the other reason. Hence, petitioner is before this Court for a direction to the trial Court to dispose of the application expeditiously.

4. Order XXXIX Rule 3A of CPC contemplates disposal of the application within 30 days. The trial Court has prolonged the matter more than a year. The defendant has already filed the written statement and also objections to the application. The defendant has also filed the written arguments on 2.8.2025. Under the circumstances, it is obligatory on the part of the trial Court to dispose of the application on merits after hearing both parties and not to prolong the matter.

5. In view of the above, having regard to the provisions of Order XXXIX Rule 3A of CPC, this Court deems it appropriate to direct the trial Court to dispose of I.A. filed Order XXXIX Rules 1 and 2 of CPC expeditiously. Accordingly, I pass the following:

O R D E R i) The petition is allowed ii) A direction is issued to the Prl. Civil Judge &

JMFC, Anekal to dispose of I.A. filed under Order XXXIX Rules 1 and 2 of CPC in O.S. No. 329/2024 within a period of fifteen days from the date of receipt of copy of this order.

iii) This Court has not expressed any opinion on merits of the matter.

Sd/-

(PRADEEP SINGH YERUR)

JUDGE GSS List No.: 1 Sl No.: 40