- 1 - HC-KAR NC: 2025:KHC:19904 WP No. 14568 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14568 OF 2025 (GM-CPC) BETWEEN: 1. HANUMANTHAPPA S/O RANGAPPA AGED ABOUT 70 YEARS. 2. BASAVARAJAPPA S/O RANGAPPA AGED ABOUT 65 YEARS. 3. GANGURAPPA S/O BASAPPA AGED ABOUT 71 YEARS. 4. B.MAHENDRA RAO S/O BYROJI RAO AGED ABOUT 71 YEARS ALL ARE R/O BASAVANAGANGURU VILLAGE, ABBALAGERE POST, HOLALURU HOBLI, SHIVAMOGGA TQ AND DISTRICT – 577 204. …PETITIONERS (BY SRI SHIVA KUMAR N., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19904 WP No. 14568 of 2025 AND: 1. SPECIAL LAND ACQUISITION OFFICER UPPER THUNGA PROJECT, SHIVAMOGGA – 577 201. 2. THE EXECUTIVE ENGINEER UPPER THUNGA PROJECT SHIVAMOGGA – 577 201. 3. SMT. SHIVAMMA W/O VIJAYAPPA AGED ABOUT 47 YEARS R/O BOMMANAKATTE VILLAGE AND POST SHIVAMOGGA TALUK AND DISTRICT – 577 204. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND A.C.J.M AT SHIVAMOGGA TO HEAR AND DISPOSE OF I.A.NO.6 DTD. 03.02.2025 FILED BY THE R-3 UNDER ORDER 21 RULE 97-106 OF CPC BEFORE HOLDING ENQUIRY ON ALLEGED CLAIM OF R-3 A CERTIFIED COPY OF THE APPLICATION AND AFFIDAVIT IS HEREBY PRODUCED AS ANNX-D. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:19904 WP No. 14568 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: “a). Issue a writ of mandamus or any other writ, direction, order in the nature directing the Court of 1st Additional Senior Civil Judge And A.C.J.M At: Shivamogga to hear and dispose of I.A.No.6 dated 03/02/2025 filed by the Respondent No. 3 under Order 21 Rule 97-106 of CPC before holding enquiry on alleged claim of Respondent No. 3. A certified copy of the Application and Affidavit is hereby produced as Annexure-D b). Grant any other or further relief/s which are deemed fit in the facts and circumstances of the case and in the interest of Justice and equity.” The main prayer of the petitioners is for a direction by issuance of a writ in the nature of mandamus directing the concerned Court to hear and dispose of I.A.No.6 filed by the 3rd respondent under Order 21 Rule 97 of the CPC before holding an inquiry on the claim of the 3rd respondent. 2. Heard Sri N Shivakumar, learned counsel appearing for petitioners. - 4 - HC-KAR NC: 2025:KHC:19904 WP No. 14568 of 2025 3. It is the case of the petitioners that the concerned Court is not passing any order on the application and is now wanting to direct holding of an inquiry. 4. In the light of the said prayer, I deem it appropriate to direct the concerned Court to pass necessary orders on the application I.A.No.6 of 2025 filed on 03-02-2025, in accordance with law, within an outer limit 2 weeks from the date of receipt of the copy of this order. Petition stands disposed accordingly. All other contentions shall remain open to be considered before the concerned Court. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 22