- 1 - HC-KAR NC: 2025:KHC:18442 WP No. 14460 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14460 OF 2025 (GM-CPC) BETWEEN: 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK ROAD, BENGALURU 560 020. 2. THE DEPUTY COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK ROAD, BENGALURU 560 020. 3. THE ADDITIONAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK ROAD, BENGALURU 560 020. 4. THE SECRETARY, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK ROAD, BENGALURU 560 020. 5. THE DEPUTY SECRETARY 2, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD KUMARA PARK ROAD, BENGALURU 560 020. 6. THE DEPUTY SECRETARY, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18442 WP No. 14460 of 2025 KUMARA PARK ROAD, BENGALURU 560 020, 7. THE EXECUTIVE MEMBER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK ROAD, BENGALURU 560020. 8. THE EXECUTIVE OFFICER-01, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK ROAD, BENGALURU 560 020. 9. THE EXECUTIVE ENGINEER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK ROAD, BENGALURU 560020. 10. THE ASSISTANT EXECUTIVE ENGINEER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK ROAD, BENGALURU 560 020. 11. THE ASSISTANT ENGINEER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD KUMARA PARK ROAD, BENGALURU 560 020. 12. THE SUPERINTENDENT OF POLICE, SPECIAL TASK FORCE, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD KUMARA PARK ROAD, BENGALURU 560 020. …PETITIONERS (BY SRI. M. V. CHARATI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:18442 WP No. 14460 of 2025 AND: SRI. N. VENKATESHAIAH, S/O LATE NARAYANAPPA, AGED ABOUT 78 YEARS, RESIDING AT NO.721, 6TH CROSS, 6TH MAIN, GOKULAM, 1ST STAGE II PHASE, YESHWNATHPURA, BENGALURU 560 022. …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 08.09.2023 PASSED BY THE PRL. CIVIL JUDGE BENGALURU RURAL ON I.A.NO.2/2023 IN O.S. 1275/2023 WHICH IS PRODUCED AT ANNEXURE-A TO THE WRIT PETITION AND ALLOW I.A.NO.IV FILED BY THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The petitioners who are the defendants 1 to 10 in a suit in O.S.No.1275/2023 are before this Court being aggrieved by non-consideration of applications filed by them under Order 39 Rule 4 CPC as well as under Order 7 Rule 11 CPC in IA.No.IV and VI respectively by the Trial Court. 2. Sri. Murugesh V. Charatti, learned counsel for the petitioners-BDA submits that an exparte interim order has been granted by the Trial Court in the aforesaid suit in - 4 - HC-KAR NC: 2025:KHC:18442 WP No. 14460 of 2025 O.S.No.1275/2023 on 08.09.2023 restraining the petitioners herein from forming Peripheral Ring Road-II on the plain schedule property. 3. Learned counsel points out that the very same plaintiff had also filed a suit in O.S.No.1276/2023 for identical relief. The petitioners herein had filed an application under Order 7 Rule 11(d) CPC seeking rejection of plaint. The said application came to be allowed rejecting the plaint. 4. He submits that the land is acquired for formation of Ring road and the acquisition so made has been upheld by this Court and though urgency is made out before the Trial Court for expeditious disposal of the applications as well consideration of application under Order 7 Rule 11 CPC, the Trial Court has not passed order, stalling the infrastructural activities to be carried out by the petitioners-BDA. Hence, the urgency. 5. Learned counsel for the petitioners further submits that, if a direction to the Trial Court is issued to dispose of the aforesaid applications on the next date of hearing, since they are pending for more than a year, purpose of this petition would be served. - 5 - HC-KAR NC: 2025:KHC:18442 WP No. 14460 of 2025 6. Submission taken on record. 7. Heard. Perused the records. 8. Since the rights of the parties are not being adjudicated in this petition, notice to private respondents is dispensed with. 9. In view of the aforesaid submissions and in view of the fact, the applications in IA Nos. IV and VI filed by the petitioners are pending consideration since March-2024, the Trial Court is directed to dispose of the said applications as expeditiously as possible within 30 days from the date of receipt of this order. Petition is disposed of accordingly. Sd/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 116