- 1 - NC: 2025:KHC:2867 WP No. 13940 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13940 OF 2024 (GM-CPC) BETWEEN: MR. GEORGE KOSHY, S/O LATE KOSHY ZACHARIAH, AGED ABOUT 65 YEARS, R/AT 34, 2ND CROSS, WHEELER ROAD, FRAZER TOWN, BENGALURU-560 005. SINCE DEAD REP. BY MRS. SUJATHA MENON GEORGE, W/O LATE GEORGE KOSHY, AGED ABOUT 65 YEARS, R/AT NO.30, BENMORE DRIVE, HAYWARD CA 94542, UNITED STATES, PRESENTLY R/AT NO.34, 2ND CROSS, WHEELER ROAD, FRAZER TOWN, BENGALURU-560 005. REP. HER POWER OF ATTORNEY HOLDER SHANTA MARY SAIT, W/O ALI SAIT AGED ABOUT 65 YEARS R/AT C-104, RANKA PLAZA NO.157, WHEELER ROAD FRAZER TOWN, BENGALURU-560005. …PETITIONER (BY SRI VENUGOPAL M S, ADVOCATE) AND: 1. ACQUILA FILMS PVT. LTD., REP. BY ITS MANAGING DIRECTOR, MS. DEBORA ANN SHEA, D/O GARNET MILTON SHEA, AGED ABOUT 65 YEARS, Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2867 WP No. 13940 of 2024 R/AT NO.8, WHITEFIELD MAIN ROAD, BENGALURU-560 066. ALSO AT 182, WHITEFIELD MAIN ROAD, WHITEFILED POST, BENGALURU-560 066. (COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956) 2. WURFEL KUCHE WHITEFIELD, AT NO.8, WHITEFIELD MAIN ROAD, BENGALURU-560 066. 3. THE CHALK BOUTIQUE, AT NO.8, ABOVE COCOON SPA, WHITEFILED MAIN ROAD, BENGALURU-560 066. …RESPONDENTS (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE 1ST ADDL. CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU TO DECIDE AND DISPOSE OF IA NO. 7 FILED BY THE PETITIONER UNDER ORDER 7 RULE 10 OF CPC IN OS NO. 498/2021 VIDE ANNEXURE-H WITHIN TIME FRAME FIXED BY THIS HON'BLE COURT AND ALTERNATIVELY, SET ASIDE THE ORDER DATED 13.07.2023 PASSED IN MISC. NO. 152/2022 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU VIDE ANNEXURE-G AND ALLOW THE MISC.NO. 152/2022 AS PRAYED IN THE MISC PETITION IN MISC NO. 152/2022 VIDE ANNEXURE-E. 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:2867 WP No. 13940 of 2024 ORAL ORDER The submission of the learned counsel for petitioner is accepted. Office objections are overruled. 2. Petitioner - plaintiff has sought for a direction to the trial Court to dispose of I.A.7 filed by the petitioner under Order 7 Rule 10 of CPC in O.S.No.498/2021. 3. In view of the above, service of notice to respondents is not necessary. 4. Plaintiff has filed a suit for possession before the Vacation Court, Bangalore Rural District. Thereafter the suit has been made over to the I Additional Civil Judge, Bangalore Rural District. Before the said Court, petitioner filed an application - I.A.7 under Order 7 Rule 10 of CPC seeking return of plaint. Though the said application was filed on 08.08.2023, till today the application has not been disposed of. Therefore, the petitioner is before this Court seeking for a direction for early disposal of the application. - 4 - NC: 2025:KHC:2867 WP No. 13940 of 2024 5. In view of the above, without expressing any opinion on the merits of the case, the I Additional Civil Judge, Bangalore Rural District, is directed to dispose of I.A.7 filed by the petitioner under Order 7 Rule 10 of CPC in O.S.No.498/2021 in accordance with law as expeditiously as possible, but not later than 3 months from the date of receipt of certified copy of this order. 6. Accordingly, petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE VP