- 1 - NC: 2025:KHC:7939 WP No. 35655 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35655 OF 2024 (GM-CPC) BETWEEN: MR SADASHIVA SHETTY AGED ABOUT 59 YEARS S/O BABU SHETTY R/AT BELLURMATA HOUSE BADAGABELLUR POST AND VILLAGE BANTWAL TALUK DAKSHINA KANNADA-574211. …PETITIONER (BY SRI. DHANANJAY KUMAR., ADVOCATE) AND: 1. SMT. GEETHA K MANAI W/O KRISHNA MANAI AGED ABOUT 68 YEARS R/AT ULIDOTTU HOUSE KAREKALE VILLAGE AND POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT-575001. 2. SMT. PUSHPA W/O KORAGA SHETTY AGED ABOUT 76 YEARS R/AT ALADANGADI HOUSE KADAMBAR POST Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7939 WP No. 35655 of 2024 MANJESHWARA KASARAGOD-671351. 3. SMT. RATHNA B SHETTY W/O BABU SHETTY AGED ABOUT 74 YEARS R/AT GUDDEMANE HOUSE MULINJA VILLAGE, UPPALA POST KASARAGOD-671322. 4. SMT. PREMA Y SHETTY W/O SATHISH SHETTY AGED ABOUT 72 YEARS R/AT PADUBARINJE VILLAGE BAJPE, MANGALORE TALUK DAKSHINA KANNADA -575001. 5. NARAYANA SHETTY S/O BABU SHETTY AGED ABOUT 72 YEARS R/AT BELLURMATA HOUSE BADAGABELLUR POST AND VILLAGE BANTWAL TALUK DAKSHINA KANNADA-574211. 6. SMT UMA G SHETTY W/O GANGADHAR SHETTY AGED ABOUT 62 YEARS R/AT 404,RAMSHYAM APARTMENT HANUMAN NAGAR KUTUMAN VALI, KALYAN EAST MUMBAI-421306. 7. ANUSUYA T SHETTY W/O THIMMAPPA SHETTY AGED ABOUT 49 YEARS R/AT SANDHYA HOTEL NEAR POLICE STATION - 3 - NC: 2025:KHC:7939 WP No. 35655 of 2024 BELGAUM,SAVAPATHI BELAGAVI-590001. 8. RATHNA R SHETTY W/O RAGHURAM SHETTY AGED ABOUT 39 YEARS 9. SHRILATHA D/O RATHNA SHETTY AGED ABOUT 39 YEARS 10. NISITHA D/O RATHNA R SHETTY AGED ABOUT 37 YEARS 11. SMITHA D/O RATHNA R SHETTY AGED ABOUT 34 YEARS R8 TO R11 ARE R/AT BELLURMATA HOUSE BADAGABELLUR POST & VILLAGE BANTWAL TALUK DAKSHINA KANNADA -574211 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE III ADDL. DISTRICT JUDGE, MANGALORE TO CONSIDER I.A NO. 2/2024 FILED BY THE PETITIONER HEREIN IN R.A NO. 15/2024 UNDER ORDER 41 RULE 5 R/W SECTION 151 OF THE CPC 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 - 4 - NC: 2025:KHC:7939 WP No. 35655 of 2024 ORAL ORDER This writ petition is filed by the petitioner/appellant under Article 227 of the Constitution of India, seeking a direction to dispose of IA No.2/2024 filed in R.A.No.15/2024 pending on the file of III Additional District Judge, Mangaluru. 2. Since the prayer sought in this writ petition is only in respect of the direction to dispose of the regular appeal, notice to the respondents is not necessary. 3. The plaintiff filed a suit for partition and separate possession. The suit has been decreed. Being aggrieved by the final decree proceedings, the petitioner filed an appeal before the III Additional District Judge, Mangaluru in R.A.No.15/2024. Along with the appeal memo, he filed IA No.2/2024 under Order 41 Rule 5 of CPC, seeking stay of the final decree proceedings and it has been filed on 26.03.2024. Even though the respondents have appeared, IA is not considered. Hence, this petition is filed seeking for a direction to dispose of the said application. - 5 - NC: 2025:KHC:7939 WP No. 35655 of 2024 4. In view of the above, without expressing any opinion on the merits of the case, the I Appellate Court is directed to dispose of IA No.2/2024 filed by the petitioner herein as expeditiously as possible, at any rate, by the end of March 2025. The same is subject to the petitioner advancing the matter. 5. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 40