- 1 - NC: 2025:KHC-D:3702 WP No. 101394 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101394 OF 2025 (GM-CPC) BETWEEN: SHRI. SURESH ISHWARAPPA NAGAMOTI, AGED 60 YEARS, OCC: SERVICE, R/O. LIG 10, MAHANTESH NAGAR, M.M. EXTENSION, BELAGAVI-590001. …PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: SHRI. PRASAD BABURAO RAMPURE, AGE: 53 YEARS, OCC: SERVICE, R/O. NO.38, SCHEME NO.40, HANUMAN NAGAR, BELAGAVI-590001. …RESPONDENT (NOTICE TO RESPONDNET IS DISPENSED WITH V/O DATED 24.02.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR SUCH APPROPRIATE DIRECTION THE V ADDL. CIVIL JUDGE AND JMFC, BELAGAVI AT: BELAGAVI TO DISPOSE THE I.A.NO.1 IN O.S.NO.1327/2024 FILED BY THE PETITIONER U/O XXXIX RULE 1 AND 2 WITHIN TIME BOUND FRAMED BY THIS HON’BLE COURT VIDE ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3702 WP No. 101394 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondent is dispensed with in view of proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs; 1. Issue a writ or such appropriate direction the V Addl. Civil Judge and JMFC, Belagavi at: Belagavi to dispose the I.A.No.1 in O.S.No.1327/2024 filed by the petitioner U/o XXXIX Rule 1 and 2 within time bound framed by this Hon’ble Court vide Annexure-C in the interest of justice and equity. 2. Issue such other writ or give such other direction and pass such other order as this Hon’ble Court deems fit and proper in the facts and circumstances of the case. 3. The grievance of the petitioner is that an application in I.A.No.I under Order XXXIX Rule 1 and 2 of CPC for temporary injunction has been filed in O.S.No.1327/2024 pending on the file of V Additional Civil Judge and JMFC, Belagavi on 25.09.2024 and hearing had been conducted in respect of the same on 28.11.2024, same is still pending consideration and no orders have been - 3 - NC: 2025:KHC-D:3702 WP No. 101394 of 2025 passed. I am of the considered opinion that it is for the petitioner to move necessary application before the said Court seeking for consideration of the application at the earliest and not file a writ petition of the present nature. 4. The trial Court would also have to consider the decision of the Hon’ble Apex Court in Venkatasubbiah Naidu vs. S. Chellappan and Others, reported in (2000) 7 SCC 695], and pass necessary orders at the earliest and not keeping application under Order XXXIX Rule 1 and 2 of CPC pending for nearly one year. 5. Petition is disposed with the above observations. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 26