- 1 - NC: 2025:KHC:8555 WP No. 4720 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4720 OF 2025 (GM-CPC) BETWEEN: 1. SRI NANJUNDASWAMY S/O LATE MAREGOWDA AGED ABOUT 74 YEARS R/O SUNKADAHALLI VILLAGE KOLALA HOBLI, KORATAGERE TALUK TUMKUR DISTRICT-572140. 2. SRI KRISHNAPPA S/O LATE MAREGOWDA AGED ABOUT 71 YEARS R/O KAPINAYANAPALYA DODDAKUNTANAHALLI DHAKLE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT PIN-562129. …PETITIONERS (BY SRI. SAGAR B B., ADVOCATE) AND: 1. SRI VENKATASWAMAIAH S/O KAPANEGOWDA @ KAPPANAIAH AGED ABOUT 84 YEARS 2. SMT BHAGYAMMA W/O LATE SRIKANTAIAH AGED ABOUT 63 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8555 WP No. 4720 of 2025 3. SRI GIRI S/O LATE SRIKANTAIAH AGED ABOUT 61 YEARS 4. KUM SOWMYA D/O LATE SRIKANTAIAH AGED ABOUT 63 YEARS 5. SRI. CHANDRAPPA S/O LATE MAREGOWDA AGED ABOUT 73 YEARS 6. SRI. BASAVARAJ S/O LATE NARASAIAH AGED ABOUT 71 YEARS 7. SRI KUMARASWAMY S/O LATE NARASAIAH AGED ABOUT 70 YEARS R1 TO R7 ARE R/AT KAPINAYANAPALYA DODDAKUNTANAHALLI DHAKLE BIDADIHOBLI,RAMANAGARA TALUK RAMANAGARA DISTRICT-562129. 8. SMT.LAKSHMAMMA, W/O LATE PUTTAIAH AGED ABOUT 93 YEARS R/O HUVINAYAKANAHALLI VILLAGE BANDUKODIGEHALLI (B.K.HALLI) POST, JALA HOBLI YELAHANKA, BENGALURU NORTH BENGALURU DISTRICT-562149. 9. SMT.MUNIYAMMA, W/O LATE DODDATHAMMAIYAPPA SINCE DEAD BY HER LRS., - 3 - NC: 2025:KHC:8555 WP No. 4720 of 2025 SRI DEVARAJ S/O LATE SMT. MUNIYAMMA AGED ABOUT 60 YEARS R/O SINGARAHALLI VILLAGE HEGGANAHALLI POST KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562149 …RESPONDENTS (BY SMT. MANJULA D, ADVOCATE FOR R6 & R7) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT RAMANAGARA TO DISPOSE OFF IA NO. 1/2024 FILED IN R.A.NO. 18/2024 VIDE ANNEXURE-A1 AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 seeking for a direction to the Principal District and Sessions Judge, Ramanagara, to dispose of I.A.No.1/2024 filed in R.A.No.18/2024 as expeditiously as possible. - 4 - NC: 2025:KHC:8555 WP No. 4720 of 2025 2. Respondent Nos.6 and 7 herein are represented by a counsel. In view of the prayer sought by the petitioners in this writ petition, service of notice to other respondents is not necessary. 3. The plaintiffs have filed O.S.No.336/2009 for partition. The said suit came to be decreed on 26.02.2024. Being aggrieved by the judgment and decree passed by the Trial Court, the defendants filed R.A.No.18/2024 before the Principal District and Sessions Judge, Ramanagara. Along with the appeal, I.A.No.1/2024 under Order 41 Rule 5 of CPC also came to be filed. Inspite of appearance of the respondents, the First Appellate Court has not disposed of I.A.No.1/2024 in R.A.No.18/2024. Hence, the present petition is filed seeking for a direction to dispose of the application. 4. The learned counsel for the petitioners submits that inspite of appearance of respondents in R.A.No.18/2024 and even after several adjournments, the First Appellate - 5 - NC: 2025:KHC:8555 WP No. 4720 of 2025 Court has not disposed of I.A.No.1/2024. The parties are trying to create third party interest over the suit schedule property. Hence, he sought for allowing the writ petition seeking direction to the First Appellate Court for early disposal of I.A.No.1/2024. 5. Therefore, without expressing any opinion on the merits of the case, the Principal District and Sessions Judge, Ramanagara, is directed to dispose of I.A.No.1/2024 filed in R.A.No.18/2024 on or before 21.03.2025, subject to condition that the petitioners shall seek for advancement of appeal. 6. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 32