- 1 - HC-KAR NC: 2025:KHC:38680 WP No. 27999 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 27999 OF 2025 (GM-CPC) BETWEEN: SRI.PARANNA, S/O. LATE MALLANNA, AGED ABOUT 80 YEARS, R/A.KARIVOBANAHALLI VILLAGE, NAGASANDRA POST, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560 073. REPRESENTED BY HIS GPA HOLDER SMT.SUNANDA.K.P. …PETITIONER (BY SRI.SRIKANTH PATIL K., ADVOCATE) AND: 1. SRI.BASAVARAJU, S/O. LATE MAHADEVAPPA, AGED ABOUT 58 YEARS, 2. SRI.SRISHYLAPPA, S/O. LATE MAHADEVAPPA, AGED ABOUT 48 YEARS, RESPONDENT NO.1 AND 2 ARE R/AT: KARIVOBANAHALLI VILLAGE, Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38680 WP No. 27999 of 2025 NAGASANDRA POST, YESHWANTHPURA HOBLI, BENGLAURU NORTH TALUK, BENGALURU-560 073. …RESPONDENTS (BY SRI.N.R.JAGADEESWARA, ADVOCATE FOR C/RESPONDENTS NO.1 AND 2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE II ADDL. SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT TO CONDUCT THE TRIAL ON DAY TO DAY BASIS AND DECIDE OS NO. 1403/2017 WITHIN A SPECIFIC TIME FRAME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER Heard the learned counsel for the petitioner and the learned counsel for caveator respondent No.2. 2. This petition has been filed seeking the following relief: i. Issue an order or direction directing the II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru to conduct the Trial on day- to-day basis and decide O.S.No.1403/2017 within a specific time-frame, in the interest of justice and equity. ii. Grant such other and further reliefs as are just even including the costs of this petition in the interest of the justice and equity. - 3 - HC-KAR NC: 2025:KHC:38680 WP No. 27999 of 2025 3. It appears that a suit was filed by respondent Nos.1 and 2 which came to be numbered as O.S.No.1403/2017 in which a written statement was filed by the petitioner on 29.10.2018. 4. The contention of the learned counsel for the petitioner is that despite filing of the written statement the trial Court is yet to frame issues even after nearly seven years. 5. A perusal of the order sheet, however, reflects that in the written statement a counter claim was set up by the defendant which was sought to be amended by means of I.A.No.8 which came to be allowed by means of order dated 30.11.2024. Thereafter, an application under Order XII Rule 6 of Code of Civil Procedure, 19081 was filed by the defendant which has been dismissed by an order dated 13.09.2025. 6. It is evident that the defendant and the plaintiffs are responsible for getting the adjudication of the suit delayed by filing various applications. The parties are directed to ensure that they shall not adopt any dilatory tactics in disposal of the 1 CPC - 4 - HC-KAR NC: 2025:KHC:38680 WP No. 27999 of 2025 suit. The trial Court would therefore proceed with the suit in accordance with law. This petition is accordingly disposed of. A copy of this order shall be sent by the concerned Registrar to the trial Court for its record. Sd/- (JAYANT BANERJI) JUDGE BVK List No.: 1 Sl No.: 8