WRIT PETITION NO. 10564 OF 2026 (GM-CPC)

Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURT OF KARNATAKA

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA 1950 PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION SETTING ASIDE THE ORDER DATED 17.03.2026 IN O.S. NO. 275/2026 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT (AS PER ANNEXURE-A) AND ETC.

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

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

1. In this writ petition, the petitioner-plaintiff has sought for the following reliefs:

a) Issue a writ of certiorari or any other appropriate writ or direction setting aside the order dated 17.03.2026 in O.S.No.275/2026 on the file of the Additional Civil Judge, Bengaluru Rural District; (as per Annexure-A)

b) Consequentially, allow I.A.No.2/2026 in O.S.No.275/2026 on the file of the Additional Civil Judge, Bengaluru Rural District; (as per Annexure-C)

c) For Costs;

d) For any other relief deemed fit in the facts and circumstances of the above case.

2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit.

3. The plaintiff filed a suit in O.S.No.275/2026 before the Trial Court seeking for relief of permanent injunction. Along with the suit, plaintiffs also filed I.A.No.2 under Order XXXIX Rule 1 and 2 of CPC. The Trial Court, by order dated 17.03.2026 has issued suit summons and emergent notice on I.A.No.2 to the defendant. Pursuant to service of summons, the defendant entered appearance and filed the written statement. However, even thereafter, the said application has not been considered. Therefore, the present writ petition is filed seeking for early disposal of the said application.

4. The learned counsel for the petitioner-plaintiff submits despite service of notice to defendant and appearance of defendant, the application has not been considered. Hence, he seeks for a direction to the Trial Court to dispose of the application at the earliest, within a fixed time frame.

5. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible.

6. Accordingly, the following order is passed:

ORDER

a) The writ petition is disposed of.

b) The Trial Court is directed to dispose of the application i.e., I.A.No.2 filed under Order XXXIX Rule 1 and 2 of CPC, in accordance with law on or before 30.04.2026.

c) Parties are directed to co-operate for early disposal of the application.