THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HONBLE TRIAL COURT TO DISPOSE OF I.A NO-2 IE ANNEXURE D TO THIS WRIT PETITION FILED IN MISC PET NO-12/2023 PENDING ON THE FILE OF HON BLE SENIOR CIVIL JUDGE AND JMFC AT MALAVALLI WITHIN TIME BOUND DIRECTION AS DEEM FIT BY THIS HONBLE COURT AND FURTHER NECESSARY ORDERS MAY KINDLY BE PASSED TO MEET THE ENDS OF JUSTICE.

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

Petitioner’s are before this court seeking a direction to the trial court to dispose of I.A.No.2 in Misc.PetitionNo.12/2023 pending on the Senior Civil Judge & JMFC Court, Malavalli within a time bound manner.

2. Petitioner’s before this Court are the defendant’s in O.S.No.62/2019. The grievance of the petitioner’s is that the petitioner-defendant is set ex-parte and an ex-parte judgment and decree is passed on 16.04.2022. The plaintiff had filed Execution Petition No.48/2023 to execute the Judgment and Decree passed in OS.No.62/2019. Petitioner’s have filed a Miscellaneous Petition No.12/2023 to set aside the ex-parte judgment and decree and also filed an IA seeking stay of execution proceedings. But the trial court without considering I.A.No.2 has posted the matter for taking steps. It is submitted that if the orders are passed by the Execution Court directing the petitioner’s to execute the sale deed, then the Miscellaneous Petition itself would become infructuous. Hence, the petitioner’s/defendants are before this court.

3. On 28.08.2025, a co-ordinate bench of this Court had granted stay of all further proceedings in the execution proceedings and the same is extended from time to time. Now the respondent-plaintiff/decree holder has filed the vacate petition.

4. Learned counsel appearing for the petitioner’s defendants submits that if the trial court hears the Miscellaneous Petition and pass appropriate orders, the petitioner’s can avail the remedy available to them in accordance with law. The trial court without hearing the same, has adjourned the matter for taking steps. It is submitted they have a fair chances of success in the miscellaneous petition. Hence till such time, this Court shall grant stay of all further proceedings in the execution proceedings.

5. Learned Counsel appearing for the respondent-plaintiff submits that in spite of giving a reasonable opportunity to the defendant, the defendant has failed to appear before the court. The court having left with no options had set the defendant as ex-parte and a judgment and decree was passed. It is submitted that there are no bonafides in the case of the defendant and the execution proceedings cannot be stopped.

6. Having heard the learned counsels on either side, perused the entire material on record. It is an undisputed fact that an ex-parte judgment and decree has been passed and the petitioner before this court has filed the Miscellaneous Petition to set aside the ex-parte judgment and decree which is pending consideration before the trial court. At this juncture, if the execution proceedings before the executing court are proceeded and if any order is passed, it would cause lot of hardship and prejudice to the petitioner. Learned counsel appearing for the respondent has argued on the merits of the matter, whether the defendant he is entitled for an order where the ex-parte judgment can be set aside or not will be decided by the trial court in the miscellaneous petition and those aspects cannot be gone into by this court.

7. In that view of the matter, balancing the interest of both the parties, this court deems it appropriate to stay further proceedings till the Miscellaneous petition filed by the petitioner is decided.

8. Accordingly this court is passing the following:

ORDER

i. The Senior Civil Judge and JMFC, Malavalli shall decide Misc.P.No.12/2023 within period of two months from the date of receipt of the copy of