- 1 - NC: 2025:KHC:12321 WP No. 5459 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5459 OF 2023 (GM-CPC) BETWEEN: 1. SMT LAKSHMI W/O LATE DORESWAMY AGED ABOUT 56 YEARS 2. SRI D PRAKASH S/O LATE DORESWAMY AGED ABOUT 33 YEARS 3. SRI D RAGHU S/O LATE DORESWAMY AGED ABOUT 30 YEARS 4. KUM UMA D/O LATE DORESWAMY AGED ABOUT 36 YEARS PETITIONER NOS. 1 TO 4 ARE R/AT STONE MERCHANT R/O KALLUGUNDI VEKATESHWARA NAGARA KADUR TOWN AND TALUK. 5. DORESWAMY SINCE DEAD BY HIS LR. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12321 WP No. 5459 of 2023 SMT SULOCHANA D/O LATE DORESWAMY AGED ABOUT 38 YEARS R/AT MOGARALLI KALLUMANTI KRS ROAD SRIRANGAPATNA TALUK MANDYA DISTRICT …PETITIONERS (BY SRI. A MADHUSUDHANA RAO., ADVOCATE) AND: SRI K G MANJUNATH S/O SRI K G ESHWARAPPA AGED ABOUT 45 YEARS R/AT VENKATESHWARA NAGAR KADUR TOWN. …RESPONDENT (BY MISS YUKTHA N, ADVOCATE FOR SRI. VIJAY B N H., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO THE LEARNED SENIOR CIVIL JUDGE AND JMFC, KADUR TO PASS ORDERS ON IA. NOS.1 AND 3 IN RA. NO.62/2021, FOUND AT ANNEXURE- G 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 - 3 - NC: 2025:KHC:12321 WP No. 5459 of 2023 ORAL ORDER This writ petition is filed by defendant Nos. 1 to 5 before the trial court and appellant Nos. 1 to 4 before the I Appellate court, under Article 227 of the Constitution of India. 2. The plaintiff filed a suit for specific performance of the contract before the III Additional Civil Judge and JMFC, Kadur. The suit came to be decreed on 22.10.2021. Being aggrieved by the same, petitioners herein filed R.A.No.62/2021 before the Senior Civil Judge, Kadur. Along with the appeal, they filed an application for stay of the judgment and decree dated 22.10.2021. Since no stay was granted they approached this Court by filing this writ petition. 3. This Court, on 12.04.2024 granted an interim order staying the further proceedings in Ex.No.16/2022. Now, the learned counsel for the petitioners submits that RA No.62/2021 is posted for arguments. Therefore, the writ petition can be disposed of with a direction to the I - 4 - NC: 2025:KHC:12321 WP No. 5459 of 2023 Appellate Court to dispose of the appeal as expeditiously as possible. 4. In view of the above, without expressing any opinion on the merits of the case, the following order is passed: (i) The writ petition stands disposed of. (ii) The Senior Civil Judge and JMFC, Kadur is directed to dispose of R.A.No.62/2021, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. (iii) Till then, the interim order granted by this Court on 12.04.2024 shall continue. (iv) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 41