- 1 - HC-KAR NC: 2025:KHC-D:11450 WP No. 106399 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106399 OF 2025 (GM-RES) BETWEEN: SHRI GAJANAN ENTERPRISES REP. BY ITS PROPRIETOR, SHRI KEDAR AGARWAL, AGE: 56 YEARS, OCC. BUSINESS, R/AT B-8, EURAKA BLUE STAR COMPLEX, NEELIGIN ROAD, N.C.MARKET, HUBBALLI, DIST. DHARWAD-580029. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: 1. M/S. UNIVERSAL COTTON TRADERS, REP. BY ITS PROP. SHRI CHETAN RACHAPPA WALI OFFICE AT SF 303A, 3RD FLOOR, KUNDGOL COMPLEX, OLD COURT CIRCLE, HUBBALLI-580020, NOW R/AT OPPOSITE SAI TOWER APARTMENT, NEAR DEVINE NURSARY SCHOOL, BASAVESHWAR NAGAR, GOKUL ROAD, HUBBALLI-580031. 2. SHRI CHETAN RACHAPPA WALI AGE: 52 YEARS, OCC. BUSINESS, THE PROPRIETOR OF M/S. UNIVERSAL COTTON TRADERS, R/AT. OPPOSITE SAI TOWER APARTMENT, NEAR DEVINE NURSARY SCHOOL, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11450 WP No. 106399 of 2025 BASAVESHWAR NAGAR, GOKUL ROAD, HUBBALLI-580031. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE HON BLE COURT OF THE 2ND ADDITIONAL CIVIL JUDGE AND JMFC-III, HUBBALLI, TO EXPEDITIOUSLY DISPOSE OF THE INTERLOCUTORY APPLICATION DATED 21/12/2023 FILED IN C.C. NO. 1067/2022 AS ANNEXURE-C AND ENTIRE PROCEEDINGS, IN ACCORDANCE WITH LAW, WITHIN A TIME FRAME AS MAY BE FIXED BY THIS HON BLE COURT. B) PASS SUCH OTHER OR DIRECTION AS THIS HON BLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. 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. Notice to respondents 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) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Hon’ble Court of the 2nd Additional Civil - 3 - HC-KAR NC: 2025:KHC-D:11450 WP No. 106399 of 2025 Judge and JMFC-III, Hubballi, to expeditiously dispose of the interlocutory application dated 21/12/2023 filed in C.C. No. 1067/2022 as Annexure-C and entire proceedings, in accordance with law, within a time frame as may be fixed by this Hon’ble court. b) Pass such other or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 3. The grievance of the petitioner is that the II Additional Civil Judge and JMFC-III, Hubballi has not disposed of an application filed under Section 143(A) of the Negotiable Instruments Act and that filed under Section 243(2) of the Code of Criminal Procedure read with Sections 45 and 73 of the Indian Evidence Act from 09.01.2024 till date. 4. It has been more than 1 and a half years since the said applications have been filed. It was but required for the aforesaid Court to have disposed the said applications as expeditiously as possible. - 4 - HC-KAR NC: 2025:KHC-D:11450 WP No. 106399 of 2025 5. In that view of the matter, directing the II Additional Civil Judge and JMFC-III, Hubballi to dispose of those applications within a period of 60 days from the date of receipt of a copy of this order, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 34