- 1 - NC: 2025:KHC:17468 WP No. 12816 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12816 OF 2025 (GM-CPC) BETWEEN: 1. SRI. VERUPAKSHACHAR S/O. LATE MRUTHYUNJAYACHAR @ MRUTHYUNJACHARI AGED ABOUT 65 YEARS 2. SMT. VARALAKSHMI W/O. SRI. VERUPAKSHACHAR AGED ABOUT 48 YEARS BOTH ARE RESIDING AT HOSAHALLI VILLAGE, SASALU HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561203. …PETITIONERS (BY SRI. D T NANJESH GOWDA., ADVOCATE) AND: 1. SMT. C M SHANTHAMMA D/O. LATE MRUTHYUNJAYACHAR @ MRUTHYUNJAYACHARI W/O. NAGENDRACHAR. R. C. AGED ABOUT 55 YEARS R/AT AKKIRAMPURA VILLAGE AND POST HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMAKURU DISTRICT-572127. 2. SMT. M. MANJULA D/O. LATE MRUTHYUNJAYACHAR @ MRUTHYUNJAYACHARI W/O. MANJUNATHACHARI. P. B. AGED ABOUT 48 YEARS R/AT RAMANNA GARDEN Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17468 WP No. 12816 of 2025 VIDYARANAYAPURA POST KORATAGERE TALUK TUMAKURU DISTRICT-572127. …RESPONDENTS (NOTICE NOT ORDERED IN RESPECT OF RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 13/02/2025 PASSED IN MISC. NO. 37/2022 BY THE ADDL. SENIOR CIVIL JUDGE, DODDABALLAPURA VIDE ANNEXURE-K AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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-defendants Nos.1 and 2 challenging the order dated 13.02.2025 passed by the Addl. Senior Civil Judge, Doddaballapur, on application filed under Section 151 of CPC in Misc.No.37/2022, whereby the said application has been dismissed. 2. The suit filed by the plaintiffs in O.S.No.60/2021 has been decreed vide judgment and decree dated 06.08.2022. The plaintiffs have filed FDP No.14/2022 to - 3 - NC: 2025:KHC:17468 WP No. 12816 of 2025 execute the said judgment and decree dated 06.08.2022 passed in O.S.No.60/2021. Thereafter, the defendants- petitioners herein have filed Misc.No.37/2022 seeking to set aside the judgment and decree passed in O.S.No.60/2022. The miscellaneous petition has been filed beyond the limitation period. No application for condonation of delay in filing the miscellaneous petition has been filed. In the meantime, the petitioners herein have also filed an application under Section 151 of CPC in Misc.No.37/2022 seeking for stay of proceedings in FDP 14/2022. 3. The Trial Court, by impugned order dated 13.02.2025 has held that the miscellaneous petition has been filed belatedly and there is no application filed seeking condonation of delay and without considering the delay application, the question of granting stay would not arise. Accordingly, the Trial Court has dismissed the said application. - 4 - NC: 2025:KHC:17468 WP No. 12816 of 2025 4. Viewed from any angle, there is no error or illegality in the impugned order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. 5. Accordingly, the writ petition is dismissed. 6. However, the petitioners are at liberty to file an application for stay before the Trial Court, only after the application for condonation of delay in filing the miscellaneous petition is disposed of. If an application for stay is filed, the same shall be considered and appropriate order shall be passed in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 14