Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:2916 WP No. 201226 of 2025
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.201226 OF 2025 (GM-CPC) BETWEEN:
SRI. DEVDUTT UPPALLI S/O LATE SRI. GUNDAPPA UPPALLI, AGED ABOUT 65 YEARS, R/O SIDDESHWAR STREET, TOWN AND TQ. HUMNABAD, DIST. BIDAR-585330.
…PETITIONER (BY SRI. ABHIJEET S. K. RAI AND SRI. RAKISH DESAI, ADVOCATES)
AND:
SRI. MANIKA PRABHU S/O LATE SRI. GUNDAPPA UPPALL, AGED ABOUT 55 YEARS, R/O KALLUR ROAD, NEAR VEERABHADRESHWAR PU COLLEGE, HUMNABAD TOWN AND TQ. DIST. BIDAR-585330.
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-K:2916 WP No. 201226 of 2025
DIRECT THE LEARNED SENIOR CIVIL JUDGE AND JMFC, AT HUMNABAD TO PASS APPROPRIATE ORDERS IN O.S.
NO.09/2025 ON I.A.NO.I/2025 AND II/2025 FILED UNDER
ORDER 39 RULE 1 AND 2 BY THE PLAINTIFF AND ORDER 39 RULE 4 READ WITH SECTION 151 CPC BY THE DEFENDANT NO.1 ON THE NEXT DATED OF HEARING I.E., ON 22.04.2025 VIDE ANNEXURE-A TO THE WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN)
None appears for the petitioner.
2. Perusal of the writ petition papers indicate that, O.S.No.9/2025 is pending on the file of Senior Civil Judge & JMFC, Humnabad, in which the respondent herein is the plaintiff and the petitioner is the defendant.
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HC-KAR NC: 2025:KHC-K:2916 WP No. 201226 of 2025
3. The respondent has filed I.A.No.1 in the said original suit and an ex parte interim order is granted by the Trial Court, wherein the petitioner/defendant No.1 is restrained from alienating the common share involved in the suit schedule property till the next date of hearing.
4. Thereafter, the petitioner/defendant No.1 has entered appearance and has filed application under Order 39 Rule 4 of CPC with a prayer to vacate ex parte ad interim injunction granted in favour of the plaintiff/respondent herein.
5. The order sheet produced along with writ petition indicates that I.A.Nos.1 and 2 has been heard by the Trial Court and the same has been reserved for orders. For the first time it was posted on 19.03.2025, thereafter it was adjourned to 08.04.2025 and subsequently to 22.04.2025 for orders. On the ground that there has been an inordinate delay in pronouncing the orders, the present writ petition is filed with the following prayers:
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HC-KAR NC: 2025:KHC-K:2916 WP No. 201226 of 2025
i) Direct the learned Senior Civil Judge & JMFC, at Humnabad to pass appropriate orders in O.S. No.09/2025 on I.A.No.I/2025 and II/2025 filed under Order 39 Rule 1 and 2 CPC by the plaintiff and Order 39 Rule 4 read with Section 151 CPC by the defendant No.1 on the next date of hearing i.e., on 22.04.2025 vide Annexure-A to the writ petition and
ii) To grant such other relief’s as this Hon’ble Court deems fit in the facts and circumstances of the case, including award of the cost of these proceedings, in the interest of justice and equity.
6. It is not clear whether the Trial Court has subsequently passed any order or not. Even otherwise it is advisable for the Trial Courts to pass orders on interlocutory applications as expeditiously as possible preferably within 30 days from the date of hearing the same. Hence, the following:
ORDER
The Trial Court is hereby directed to pronounce the orders on I.A.Nos.1 and 2 in O.S.No.9/2025 as
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HC-KAR NC: 2025:KHC-K:2916 WP No. 201226 of 2025
expeditiously as possible but not later than 30 days from the date receipt of a certified copy of this order, provided the same has not been already pronounced.
Writ petition is disposed of accordingly.
Sd/- (M.I.ARUN) JUDGE
SDU LIST NO.: 1 SL NO.: 15 CT:SI