- 1 - NC: 2025:KHC:428 WP No. 3798 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3798 OF 2024 (GM-CPC) BETWEEN: 1. MR MOHAMMED FAISAL ALI S/O LATE M. MUMTAZ ALI AGED ABOUT 52 YEARS 2. MR. MOHAMMED SAQUB ALI S/O LATE M. MUMTAZ ALI AGED ABOUT 43 YEARS BOTH ARE RESIDENT OF PREMISES NO.2 MADIVEERAPPA LANE SILVER JUBILEE PARK ROAD CROSS BANGALORE - 560002 PRESENTLY RESIDING AT PREMISES NO 10 1ST MAIN ROAD,JAYAMAHAL BANGALORE - 560046 …PETITIONERS (BY SRI. GAGAN DEEP E., ADVOCATE FOR SRI.AJIT P B.,ADVOCATE) AND: 1. M/S CHAMPALAL AND SONS A PARTNERSHIP FIRM REPRESENTED BY SRI KANTHILAL RESIDING AT NO. 02 MANDIVEERAPPA LANE SILVER JUBILEE PARK ROAD CROSS BANGALORE - 560002. 2. M/S MYSORE TUBE SUPPLIER A PARTNERSHIP FIRM REP. BY ITS PARTNER KANTHILALA CHOPRA Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:428 WP No. 3798 of 2024 RESIDING AT NO. 02 MANDIVEERAPPA LANE SILVER JUBILEE PARK ROAD CROSS BANGALORE - 560002. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE HONBLE XXV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE, (CCH-23) TO PASS ORDERS ON IA NO. 1 FILED BY THE OBJECTOR/R-2 IN EX.NO. 1314/2021 IN ACCORDANCE WITH LAW WITHIN A TIME BOUND MANNER VIDE ANNEXURE-D 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. This petition under Article 227 of the Constitution of India is filed by the petitioners-Decree Holders, seeking a direction from this Court to Executing Court to dispose of I.A.No.1 filed by the objector/respondent No.2 herein in Ex.No.1314/2021. 2. The petitioners, being the Decree Holders, had filed O.S.No.444/2003 for eviction. The said suit was disposed of by a compromise between the parties on 16.04.2005. However, since the other parties failed to comply with the conditions stipulated in the compromise petition, the - 3 - NC: 2025:KHC:428 WP No. 3798 of 2024 petitioners-decree holders have filed execution petition in Ex.No.1314/2021 before the XXV Additional City Civil and Sessions Judge, Bengaluru. Respondent No.2 herein has filed I.A.No.1 as an objector under Order XXI Rule 97 of the CPC on 21.02.2022. Till today, no order has been passed on I.A.No.1 filed by respondent No.2/objector. Therefore, the petitioners are before this Court. 3. Learned counsel appearing for the petitioners has contended that even though the objector has filed an application on 21.02.2022, till date, the said application has not been disposed of, as the objector has been seeking repeated adjournments for one or the other reason. The matter was heard and reserved for orders, but the Court is yet to pass any order. Hence, the counsel seeks a direction from this Court to the trial Court to dispose of the application as expeditiously as possible, in accordance with law. - 4 - NC: 2025:KHC:428 WP No. 3798 of 2024 4. In view of relief sought by the petitioners, issue of notice to the respondents is not necessary. Since the objector has filed an application under Order XXI Rule 97 of CPC in Ex.P.No.1314/2021 on 21.02.2022, as on today, the said application has not been disposed of. 5. Under these circumstances and in the interest of justice, I am of the opinion, the writ petition can be disposed of directing the Executing Court to dispose of the application, in accordance with law. 6. Accordingly, I pass the following order: ORDER a) The writ petition is disposed of. b) The XXV Additional City Civil and Sessions Judge, Bengaluru is directed to disposed of I.A.No.1 filed by respondent No.2/objector under Order XXI Rule 97 of CPC in Ex.No.1314/2021, in accordance with law, as - 5 - NC: 2025:KHC:428 WP No. 3798 of 2024 expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 3