IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

WRIT PETITION NO. 35484 OF 2025 (GM-CPC)

BETWEEN:

SMT. K P KAMALAM

W/O LATE.SREEDARAN, AGED ABOUT 68 YEARS,

R/AT NO.153, 5TH CROSS,

SIDDAPURA, JAYANAGAR 1 BLOCK,

BENGALURU- 560011

REPRESENTED BY HER S.P.A. HOLDER

SRI.V.JAYARAMU,

AGED ABOUT 72 YEARS,

S/O, VENKATAGIRIYAPPA,

R/AT NO.56/3, VINAYAKA LAYOUT,

HALANAYAKANAHALLI,

SARJAPURA ROAD,

NEAR RENUKA YELLAMMA TEMPLE,

BENGALURU- 560035.

…PETITIONER

Digitally signed

by (BY MS. SAMEEKSHA PATIL, ADVOCATE FOR GAVRIBIDA NUR MS. KRUTIKA RAGHAVAN., ADVOCATE)

SUBRAMANYA

GUPTA

SREENATH

AND:

Location: HIGH

COURT OF

KARNATAKA 1. SRI RAMACHANDRA @ CHANDRA

S/O SAMPANGAIAH,

AGED MAJOR,

2. SMT. GOWRAMMA

W/O RAMACHANDRA,

AGED MAJOR,

RESPONDENT NO.1 AND 2 BOTH ARE RESIDING AT YADUVANAHALLI, MARALAWADI HOBLI, KANAKAPURA TALUK, RAMANAGARAM DISTRICT, BANGALORE- 562117 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE TRAIL COURT TO EXPEDITIOUSLY DISPOSE OF IA NO. I IN OS NO. 403/21 AS ATTACHED IN ANNX-D WITH IN SUCH TIME FRAME.

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 the petitioner.

2. This petition is filed by the petitioner/plaintiff seeking the following reliefs.

i) Issue a writ of mandamus or any other writ, order of direction to the Trial Court to expeditiously dispose of I.A.No.I in O.S.No.403/2021 as attached in Annexure D within such time frame as this Hon'ble Court deems fit on the facts and in the circumstances of the case; and;

ii) pass such other or further orders as this Hon'ble Court may deem fit, in the interests of justice and equity.

3. This Court does not find need or necessity to issue notice to the respondents/defendants as the prayer sought in this petition is only to direct the trial Court for an expedite disposal of the application filed by the petitioner/plaintiff in IA.No.1 in O.S.No.403/2021 filed under Order 39 Rule 1 and 2 read with Section 151 of CPC.

4. It is the case of the petitioner/plaintiff that the suit came to be filed against the respondents/defendants for the relief of a permanent injunction restraining the respondents/defendants from changing the nature of the suit schedule property in any manner and for other consequential reliefs.

5. Upon hearing the application, filed under Order

39 Rule 1 and 2 read with Section 151 of CPC, the trial Court issued emergent notice on IA and suit summons to the defendants. It is seen that the respondents/defendants have appeared and filed vakalath and they have filed written statement and objections denying the contents of the plaintiff; however, the fact remains that the application filed by the plaintiff under order 39 Rule 1 and 2 read with Section 151 of CPC has not been decided yet and several other applications have been filed thereafter.

6. In view of the fact that the application filed under Order 39 Rule 1 and 2 read with Section 151 of CPC by the plaintiff for grant of temporary injunction has not been considered, it becomes necessary for this Court to direct the trial Court to dispose of the application after hearing the parties to the proceedings and by providing reasonable opportunities to all the parties involved in the case.

7. It is seen that the suit is of the year 2021, and the trial Court has not bothered to dispose of the application filed under Order 39 Rule 1 and 2 read with Section 151 of CPC till date, despite the plaintiff insisting on disposal of the application. Therefore, this Court deems it appropriate to direct the trial Court to pass suitable orders on the said application. Accordingly, I pass the following order:

ORDER

1. The petition is allowed.

2. Learned II Additional Civil Judge and JMFC (Junior Division), Kanakapura, is directed to dispose of the application-IA.No.1 filed under Order 39 Rule 1 and 2 read wi