- 1 - NC: 2025:KHC:2464 WP No. 54734 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 54734 OF 2018 (GM-CPC) BETWEEN: 1. B.T. SRINIVAS, S/O LATE ANCHETHIMMAIAH, AGED ABOUT 60 YEARS, RESIDING AT 1ST CROSS, MEGALA BEEDI, BABASABARAPALYA, KENGERI HOBALI, BANGALORE SOUTH, BANGALORE - 560 060 2. SRI. CHENAPPA S/O LATE DODDA CHENNIAGAPPA, AGED ABOUT 58 YEARS, RESIDING AT 1ST CROSS, MEGALA BEEDI, BABASABARAPALYA, KENGERI HOBALI, BANGALORE SOUTH, BANGALORE - 560 060 …PETITIONERS (BY SRI. PAVAN SAGAR, ADVOCATE FOR SRI. PRASANNA KUMAR P., ADVOCATE) AND: 1. SMT. SUMANGALLA, W/O CHINNAPPA, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2464 WP No. 54734 of 2018 AGED MAJOR, RESIDING AT NO. 716, 4TH MAIN, 4TH CROSS, KENGERI SATELLITE TOWN, BENGALURU - 560 060 2. SMT. B. SHANTHI W/O. P. BALASUBRAMANIAM, AGED ABOUT 57 YEARS, RESIDING AT 11TH MILE, MYSORE ROAD, KENGERI, BENGALURU - 560 060 …RESPONDENTS (BY SRI. SATEESH CHANDRA K.V., ADVOCATE FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 29.10.2018 PASSED IN O.S.NO.1827/2006 BY THE IV ADDL. CITY CIVIL JUDGE [SR.DVN] BENGALURU RURAL, THEREBY REJECTING I.A.NO.20 FILED BY PETITIONER HEREIN [PRODUCED VIDE ANNEXURE-A TO THE W.P.] AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - NC: 2025:KHC:2464 WP No. 54734 of 2018 ORAL ORDER Aggrieved by the orders passed on an application filed under Order XI Rule 4 dated 29/10/2018 in O.S.No.1827/2006 by Principal Senior Civil Judge, Bangalore Rural District, the plaintiff is before this court. 2. The plaintiff has sought for certain interrogatories. It is the case that as per the representation made by the defendants treating that the petitioners have withdrawn the suit and had given alternate land to the defendants in the land acquisition proceedings. The said application came to be dismissed by the Court observing that no purpose will be served except prolonging the matter, having regard to the facts and circumstances of the case, as it is also listed in old category, apart from that it is asked in the cross- examination. Therefore, there is no reason to allow the request of the plaintiffs. When the matter came up for hearing, learned counsel for the petitioners submits thereafter on a criminal complaint made by him, the Police - 4 - NC: 2025:KHC:2464 WP No. 54734 of 2018 have conducted the investigation and filed a charge sheet. In the charge sheet, he came to know about the documents by way of which the alternative sites were given to the defendants and he had taken subsequent steps and the suit is proceeding. As such, at this point of time, he is not interested to pursue on this Interlocutory Application and the order impugned. However, he submits that the suit is of the year 2006, as such, there may be a direction to the Trial Court to dispose of the matter as expeditiously as possible. 3. Learned counsel appearing for the respondents submits that all the submissions that are made by the petitioners with regard to the complaint or with regard to misrepresentation made by the defendants are not necessary for adjudication of dispute before this Court. He submits that now the trial Court is going ahead with the matter, the defendants will be raising all the grounds that are available to them before the trial Court. - 5 - NC: 2025:KHC:2464 WP No. 54734 of 2018 4. Considering the submission of both the parties and the fact that the petitioner is not interested to pursue this IA, in view of the subsequent changes that are taken place, this Court is passing the following: ORDER i) This Court is not interfering with the impugned order as the petitioners are not pressing for the same. ii) Considering the fact that the suit is of the year 2018, the trial Court shall dispose of the same as expeditiously as possible but not later than six months and it is open for all the parties to raise all the grounds. iii) All IAs., in this Writ Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 34 CT:SNN