- 1 - HC-KAR NC: 2025:KHC-D:12926 WP No. 106942 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106942 OF 2025 (GM-CPC) BETWEEN: SHEVANTI D/O. LAXMAN YEGANNAVAR @ JAIN @ JAINER, AGE: 68 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI, TQ. GOKAK-591310, DIST. BELAGAVI. …PETITIONER (BY SRI. N.D. GUNDE AND HANUMESH M. DESAI, ADVOCATES) AND: SRI. BHIMAPPA S/O. SHIVAMURTHY HUKKERI, AGE: 40 YEARS, OCC. AGRICULTURE, R/O. DURADUNDI, TQ. GOKAK-591310, DIST. BELAGAVI. …RESPONDENT (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR THE RELEVANT RECORDS. B) ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE LEARNED PRL. CIVIL JUDGE AND JMFC GOKAK TO CONSIDER IA NO. 1 FILED U/O XXXIX RULE 1 AND 2 OF CPC IN CIVIL MISC NO. 1/2024 VIDE ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12926 WP No. 106942 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondent is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: a. Call for the relevant records. b. Issue writ, order or direction in the nature of mandamus directing the learned Prl. Civil Judge and JMFC Gokak to consider IA No. 1 filed U/O XXXIX Rule 1 and 2 of CPC in Civil Misc No. 1/2024 vide Annexure-G. c. Pass such other order/orders as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. 3. The relief sought for in the present petition is only a direction to the trial Court to dispose of the application, which is long pending. 4. I.A.No.I was filed in Civil Miscellaneous No.01/2024 pending before the II Additional Civil Judge and JMFC, - 3 - HC-KAR NC: 2025:KHC-D:12926 WP No. 106942 of 2025 Gokak, seeking for injunction restraining the enforcement of the compromise decree in O.S.No.672/2017. The very Civil Miscellaneous No.01/2024 having been filed challenging the compromise which had been entered into, the application which has been filed on 10.01.2024 is still pending consideration. 5. Any application filed under Order XXXIX Rules 1 and 2 of CPC is required to be considered and disposed of within a period of 30 days, as held by the Hon'ble Apex Court in Venkatasubbiah Naidu Vs. S.Chellappan and others1. In that view of the matter, I pass the following: ORDER i. Writ petition is allowed. 1 (2000) 7 SCC 695 - 4 - HC-KAR NC: 2025:KHC-D:12926 WP No. 106942 of 2025 ii. The trial Court is directed to consider I.A No.I filed in Civil Misc.No.01/2024 and dispose the same as expeditiously as possible. Sd/- (SURAJ GOVINDARAJ) JUDGE gab Ct:pa List No.: 1 Sl No.: 12