- 1 - NC: 2025:KHC-D:6375 WP No. 102397 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102397 OF 2025 (GM-CPC) BETWEEN: MR. SHIRLEY PAREIRA D/O MENINO PAREIRA, AGED ABOUT 58 YEARS, R/O. D.NO. 192, MOONLIGHT HOTEL, 12TH WARD, KAMALAPURA TOWN, HOSAPETE TALUK-583 201. … PETITIONER (BY SRI. PAVAN SAGAR, ADVOCATE) AND: MR. K.VENKATESH S/O K. NAGESHWARA RAO, AGED ABOUT 62 YEARS, ADVOCATE BY PROFESSION AND AGRICULTURIST, R/O: KAMALAPURA TOWN, HOSAPETE TALUK-583 201. … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6375 WP No. 102397 of 2025 ORAL ORDER Sri.Pavan Sagar., counsel for the petitioner has appeared through video conferencing. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the Additional Senior Civil Judge and JMFC, Hosapete to consider the application in I.A. No.1/2025 dated 30.01.2025 filed in R.A. No.3/2025 vide Annexure-A and to dispose of the appeal in R.A. No.3/2025. 3. Counsel for the petitioner has urged several contentions. Heard the arguments and perused the Writ paper with care. 4. The plaintiff filed a suit on the file of II Additional Civil Judge and JMFC Hosapete in O.S.No.55/2022 for eviction. The Trial Court vide judgment and decree dated:29.06.2024 decreed the suit. Aggrieved by the same, the defendant preferred an appeal before the Appellate Court. It is contended that he has also filed an application seeking stay of operation and execution of the judgment and decree of the Trial Court. The grievance of the petitioner is that, the Appellate Court is not considering the interim application. A perusal of the order - 3 - NC: 2025:KHC-D:6375 WP No. 102397 of 2025 sheet of the Appellate Court reflects that the Appellate Court is diligent in taking up of the matter. The apprehension of the petitioner is that the Appellate Court is not disposing of the matter cannot be accepted. If at all the petitioner has any grievance about the non-consideration of the application, he may request the Appellate Court for speedy disposal of the application. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 1 SL NO.: 15