- 1 - HC-KAR NC: 2025:KHC:29995 WP No. 20849 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20849 OF 2025 (GM-CPC) BETWEEN: 1. PUTTASWAMY GOWDA, S/O LATE MADE GOWDA, AGED ABOUT 59 YEARS. 2. RAMESHA, S/O PUTTASWAMY GOWDA, AGED ABOUT 29 YEARS, BOTH ARE RESIDING AT NO.220, MAHADEVAPURA MAIN ROAD, KALISIDDANAHUNDI, UDAYAGIRI POST, MYSORE – 570 019. …PETITIONERS (BY SRI. KRISHNAMOORTHY D.,ADVOCATE) AND: THIMMAIAH, S/O LATE KARAGE GOWDA @ KARI GOWDA, AGED ABOUT 48 YEARS, RESIDING AT NO.2010, 9TH CROSS, BOGADI 2ND STAGE, JANATHA NAGARA, MYSURU - 570 026. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS AND SUCH OTHER WRIT OR ORDER OR DIRECTION TO LEARNED XII ADDITIONAL CIVIL JUDGE AND JMFC AT MYSURU TO DISPOSE THE IA NO.1 AND 20 IN Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29995 WP No. 20849 of 2025 O.S.NO.581/2024 PRODUCED AT ANNEXURE-G IN A TIME BOUND MANNER AS EXPEDITIOUSLY AS POSSIBLE AND ALLOW THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are defendants 1 and 2, are before this court seeking the following prayers: "a) Issue writ of Mandamus and such other writ or order or direction to Learned XII Additional Civil Judge & JMFC at Mysuru to dispose the IA No.1 & 20 in O.S.No.581/2024 produced at Annexure-G in a time bound manner as expeditiously as possible and allow the writ petition in the interest of justice and equity. b) Issue any other writ, order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity." 2. Heard Sri.Krishnamoorthy D., learned counsel appearing for the petitioners and have perused the material on record. 3. Learned counsel for the petitioners would submit that the ex parte temporary injunction under Order XXXIX Rule - 3 - HC-KAR NC: 2025:KHC:29995 WP No. 20849 of 2025 1 and 2 of the Code of Civil Procedure was granted on 15.03.2024. The petitioners file their objections and an application under Order XXXIX Rule 4 on 22.03.2025. 4. It transpires that the petitioners have filed the application long after the proceedings are progressed as the report of the Commissioner is also filed before the concerned Court. Therefore, the concerned Court shall pass necessary orders on the application said to have been filed on 22.03.2025 under Order XXXIX Rule 4 of CPC and dispose within an outer limit of eight weeks from the date of receipt of the copy of the order, if not earlier. Passing of the order as directed will not stall further proceedings. Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 55