- 1 - NC: 2025:KHC:16590 WP No. 8740 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8740 OF 2025 (GM-CPC) BETWEEN: 1. SRI EAARANNA S/O. MARAHANUMAIAH AGED ABOUT 53 YEARS 2. SRI. NARAISIMHAIAH S/O LATE. MAARAHANUMAIAH AGED ABOUT 45 YEARS 3. SMT. MUTTHAMMA W/O LATE.NARAYANAPPA AGED ABOUT 44 YEARS 4. SRI. RAJA S/O LATE.NARAYANAPPA AGED ABOUT 26 YEARS 5. SRI. KANTHARAJ. S/O LATE. NARAYANAPPA AGED ABOUT 24 YEARS ALL ARE R/AT GUNDLAHALLI VILLAGE SAKKARE GOLLHALLI POST DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT -561203. …PETITIONERS (BY SRI. H M MADHUSUDHANA., ADVOCATE) AND: 1. SMT LAKSHMAMMA W/O. MUNIRAJAPPA D/O LATE. MAARAHANUMAIH AGED ABOUT 55 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:16590 WP No. 8740 of 2025 2. SRI. KADIRAPPA S/O LATE MAARAHANUMAIAH AGED ABOUT 46 YEARS 3. SRI. LAKSHMINARASIYYA S/O LATE.MAARAHANUMAIAH AGED ABOUT 42 YEARS ALL ARE R/AT GUNDLAHALLI VILLAGE SAKKARE GOLLHALLI POST DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561203. …RESPONDENTS (NOTICE TO RESPONDENTS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS ON I.A. NO. 1 DATED 01.10.2024 PASSED BY THE HON'BLE SENIOR CIVIL JUDGE AND JMFC, AT DODDABALLAPURA, BENGALURU RURAL DISTRICT, IN O.S. NO. 577/2023 IS AT ANNEXURE-F, AND ALLOW THE APPLICATION FOR STRIKEOUT THE SUIT SCHEDULE PROPERTIES 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 This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, seeking a direction to the I Appellate Court to dispose of IA No.1 filed under Order 41 Rule 5 of CPC, expeditiously. 2. In view of the nature of prayer sought by the petitioners, service of notice to the respondents is dispensed with. - 3 - NC: 2025:KHC:16590 WP No. 8740 of 2025 3. The petitioners/plaintiffs filed a suit for partition and separate possession. Along with the plaint they filed an application under Order 39 Rules 1 and 2 of CPC, seeking an injunction order against the defendants not to alienate the suit schedule properties. In the first instance, the trial court granted an injunction order. Later, it has been vacated. Being aggrieved by the same, the petitioners filed an appeal before the IV Additional District and Sessions Judge, Doddaballapura in M.A.No. 10028/2024. Along with the appeal, they have also filed an application IA No.1 under Order 41 Rule 5 of CPC. 4. On 25.10.2024, the I Appellate Court issued notice to the respondents. Thereafter, the respondents appeared through counsel and both the parties have submitted their arguments. 5. The learned counsel for the petitioners submits that the petitioners have completed their arguments on IA No.1 on 13.12.2024. Even the respondents have also completed the arguments. Thereafter, the matter was posted for orders on IA on 13.01.2025. Again, it has been adjourned to - 4 - NC: 2025:KHC:16590 WP No. 8740 of 2025 21.01.2025, 15.02.2025 and 08.04.2025 and now the case is posted to 05.06.2025. Since both the parties have addressed their arguments on the IA and no order has been passed, hence, he sought for early disposal of the application. 6. In view of the above, the following order is passed: ORDER (i) The writ petition stands disposed of. (ii) The trial court is directed to dispose of the application filed by the petitioners under Order 41 Rule 5 of CPC before 2nd May 2025, subject to condition that the petitioners files an application for preponing the case, after serving the copies. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 30