- 1 - HC-KAR NC: 2025:KHC-D:11619 WP No. 103711 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103711 OF 2023 (GM-CPC) BETWEEN: 1. D.V. JYOTHI D/O. D. VENKANAGOWDA, AGED ABOUT 40 YEARS, OCC. ADVOCATE, 2. D.V. MAHESHWARI D/O. D. VENKANAGOWDA, AGED ABOUT 37 YEARS, OCC. DOCTOR, BOTH REPRESENTED BY THEIR GPA HOLDER AND FATHER, SRI. D. VENKANAGOUDA S/O. RUDRAGOUDA, AGED ABOUT 79 YEARS, ALL ARE RESIDING AT. SRI. KALAKRUPA NILAYA, NEAR SRI. SHANKARAMATH, HOSAPET ROAD, HARAPANAHALLI-583131, VIJAYANAGAR DISTRICT. &PETITIONERS (BY SRI. D. VENKANAGOUDA-PARTY IN PERSON) AND: 1. CHIEF OFFICER TOWN MUNICIPAL COUNCIL OFFICE, HARAPANAHALLI-583131. 2. H.ALTAF S/O. LATE DADU SAB AGE: MAJOR, OCC. BUSINESS, OPP. STADIUM, HADAGALI, VIJAYANAGAR DISTRICT, PIN CODE NO.-583219. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11619 WP No. 103711 of 2023 3. D. KHALANDER SAB S/O. LATE MUKTHUM SAB SINCE DECEASED BY HIS LRS., SMT. D. MAMTAJ W/O. D. KHALANDAR SAB, AGE: 69 YEARS, OCC. HOUSEWIFE, 4. D. IMRAN BASHA S/O. D. KHALANDAR SAB, AGE: 39 YEARS, OCC. DEED WRITER AND MUNICIPALITY COUNCILOR, 5. D. MAHABOOB SAB S/O. D. KHALANDAR SAB, AGE: 37 YEARS, OCC. DEED WRITER, SL.NO.3 TO 5 ARE R/O. 5TH WARD, NEAR TAYAMMA HUNASEMARA, BANAGARA PETE, HARAPANAHALLI-583131, VIJAYANAGAR. &RESPONDENTS (BY SRI. SHARANABASAVARAJ C.S., ADVOCATE FOR R1; NOTICE TO R3 TO R5 IS DISPENSED WITH) THIS WP IS FILED UNDER ORDER 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) PASS AN ORDER FOR CONDUCTING OF THE CASE BY THE HON9BLE CIVIL JUDGE COURT, HARAPANAHALLI, IN O.S.NO.34/2021 UNDER THE NATURAL JUSTICE, INSTEAD OF CONDUCTING THE CASE UNDER BIASED MIND IN ORDER TO INTENTIONALLY HELP THE RESPONDENTS NO. 2 TO 5 HAVING PRE-DETERMINED ATTITUDE. 2) ISSUE A WRIT OF MANDAMUS OR DIRECTION BY GIVING TO PASS ORDERS ALLOWING IA NO. 1 AS PER ORDER SHEET DATED 28/10/2021 VIDE ANNEXURE-A, I.A. NO. 1 WAS HEARD ON 28-10-2021 AND POSTED FOR ORDER AND SINCE UNNECESSARY DELAY IS BEING CAUSED TO ALLOW. 3) FOR ORDERS TO THE HON BLE CIVIL JUDGE COURT, HARAPANAHALLI, TO SEND EMERGENT SUMMONS/NOTICE TO THE DEFENDANTS IN OS NO. 34/2021. 4) TO PASS ANY OTHER ORDER OR ORDERS BASED ON THE DOCUMENTS, IN FAVOUR OF THE WRIT PETITIONERS AND AGAINST THE RESPONDENTS, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:11619 WP No. 103711 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Sri.Sharanabasvaraj C.S., learned counsel is directed to accept notice for respondent No.1. Since no notice has been issued by the Trial Court in O.S. No. 34 of 2021, pending before the Civil Judge, Harapanahalli, issuance of notice to respondents No. 2 to 5 is hereby dispensed with. 2. The petitioners are before this Court seeking for the following reliefs: i. Pass an order for conducting of the case by the Hon9ble Civil Judge Court, Harapanahalli in O.S.No.34/2021, under the natural justice, instead of conducting the case under biased mind in order to intentionally help the respondents No. 2 to 5 having pre-determined attitude. ii. Issue a writ of mandamus or direction by giving to pass orders allowing IA No. 1 as per order sheet dated 28/10/2021 vide Annexure-A, I.A. No. 1 was heard on 28- 10-2021 and posted for order and since - 4 - HC-KAR NC: 2025:KHC-D:11619 WP No. 103711 of 2023 unnecessary delay is being caused to allow. iii. For orders to the Hon9ble Civil Judge Court, Harapanahalli, to send emergent summons/notice to the defendants in O.S.No. 34/2021. iv. To pass any other order or orders based on the documents, in favour of the Writ Petitioners and against the respondents, in the interest of justice and equity. 3. The petitioners9 primary grievance is that although a suit in O.S. No.34 of 2021 was registered on 03.09.2021, no notice has been issued to the defendants to date. The matter continues to be adjourned repeatedly for various reasons. The petitioner has expressed willingness to pay the requisite process fee for service of notice upon the respondents, should the Court so direct. 4. Considering that the suit was filed on 03.09.2021, it was incumbent upon the Trial Court to take necessary action either by issuing notice or passing appropriate orders particularly if the suit was found to be - 5 - HC-KAR NC: 2025:KHC-D:11619 WP No. 103711 of 2023 untenable at the time of admission. However, as no such action has been taken, the following: ORDER i. The writ petition is partly allowed. ii. The reliefs sought are moulded accordingly. The Civil Judge, Harapanahalli, is directed to consider the suit in O.S. No. 34 of 2021 and pass appropriate orders thereon within a period of two weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE Vb/Ct:pa/List No.: 1 Sl No.: 29