- 1 - NC: 2025:KHC:13499 WP No. 9529 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9529 OF 2025 (GM-CPC) BETWEEN: 1. SMT. GIRIJAMMA AGED ABOUT 66 YEARS, W/O LATE LAKSHMANNA, 2. SMT. GEETHA L AGED ABOUT 46 YEARS D/O LATE LAKSHMANNA 3. SRI SHWETHA L AGED ABOUT 41 YEARS D/O LATE LAKSHMANNA ALL ARE RESIDING AT OLD NO.4, BBMP NO. 7/13, SRI VENKATESHAWRA NILAYA, THIMMAIAH GARDEN, H.D. DEVEGOWDA ROAD, OPPOSITE TO AUTO GAS PETROL BUNK, R.T.NAGAR BENGALURU - 560032. …PETITIONERS (BY SRI. KIRAN V. RON, ADVOCATE) AND: 1. SRI D VENKATESH AGED ABOUT 54 YEARS, S/O LATE M V DEVARAJU, R/AT NO. 6/1-12ND MAIN ROAD K.H.M.BLOCK, R.T.NAGAR, BENGALURU – 560 032. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:13499 WP No. 9529 of 2025 2. SRI D N NAGI REDDY AGED ABOUT 64 YEARS, S/O LATE NARAYAN REDDY, 3. SMT. SARASWATHI AGED ABOUT 56 YEARS W/O SRI D N NAGI REDDY R2 AND R3 ARE RESIDING AT NO.18, SRI ADVAITHA 1ST CROSS, MANORAYA PALYA R.T. NAGAR POST BENGALURU – 560 032. 4. SRI G UMAPATHY AGED ABOUT 57 YEARS, S/O SRI P GANESHAPPA R/AT NO. 88/1, 7TH CROSS MANORAYANA PALYA R.T.NAGAR POST BENGALURU – 560 032 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO HEAR AND DISPOSE IA NO.3/2024 FILED U/O XXXIX RULE 1 AND 2 OF CPC IN OS NO.7424/2022 ON THE FILE OF THE XXIV ADDL CITY CIVIL AND SESSION JUDGE (CCH-6) BENGALURU WITHIN A CERTAIN TIME FRAME NOT EXCEEDING THREE WEEKS, GRANT AN INTERIM ORDER TO DIRECTING THE COURT BELOW TO CONSIDER THE IA NO. 3/2024 FILED U/O XXXIX RULE 1 AND 2 OF CPC IN OS NO. 7424/2022 ON THE FILE OF THE XXIV ADDL CITY CIVIL AND SESSION JUDGE (CCH-6) BENGALURU WITHIN A CERTAIN TIME FRAME NOT EXCEEDING THREE WEEKS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:13499 WP No. 9529 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners-plaintiffs, seeking a direction from this Court to the XXIV Additional and Sessions Judge, Bengaluru to dispose of I.A.No.3/2024 filed by plaintiffs under Order XXXIX Rule 1 and 2 read with Section 151 of CPC in O.S.No.7424/2022 as expeditiously as possible. 2. Since the petitioners are only seeking a direction to dispose of I.A.No.3/2024, service of notice to the respondents is not necessary and the same is dispensed with. 3. Learned counsel for the petitioners has submitted that the plaintiffs have filed a suit for declaration and injunction. The suit schedule property is a vacant land. During the pendency of the suit, the respondents have encroached the suit schedule property and have been trying to put up construction. Therefore, the plaintiffs filed - 4 - NC: 2025:KHC:13499 WP No. 9529 of 2025 I.A.No.3/2024 under Order XXXIX, Rules 1 and 2, read with Section 151 of the CPC on 19.02.2024. The defendants have also filed objections to the said application. The matter has been heard several times, but for one or the other reason, it has been adjourned and till today, the trial Court has not passed any order on the application. Hence, he seeks direction of this Court to the trial Court for the early disposal of I.A.No.3/2024. 4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. The XXIV Additional and Sessions Judge, Bengaluru is directed to dispose of I.A.No.3/2024 filed by plaintiffs under Order XXXIX Rule 1 and 2 of CPC in O.S.No.7424/2022, in accordance with law, on or before 30.04.2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 7