- 1 - HC-KAR NC: 2025:KHC:44545 WP No. 32339 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 32339 OF 2025 (GM-CPC) BETWEEN: 1. SRI VENKATESHAPPA S/O. LATE MUNIYAPPA AGED ABOUT 62 YEARS. 2. SRI KRISHNAPPA S/O. LATE DODDAPAIAH AGED ABOUT 53 YEARS. 3. SMT. NARAYANAMMA D/O. LATE MUNIYAPPA AGED ABOUT 56 YEARS. 4. SMT. GANGAMMA W/O. LATE MUNIYAPPA AGED ABOUT 43 YEARS. ALL THE PETITIONERS ARE R/AT KODAGURKI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 5. SMT. KURESHAMMA @ MUNIVENKATAMMA D/O LATE DODDAPPAIAH AGED ABOUT 70 YEARS R/AT AGRAHARA VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. …PETITIONERS (BY SRI VENKAT SATYANARAYANA A, ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44545 WP No. 32339 of 2025 AND: 1. SMT. PILLAMMA D/O. LATE CHIKKAPPAIAH AGED ABOUT 66 YEARS R/AT VARAMALLENAHALLI VILLAGE CHIKKABALLAPURA TALUK AND DISTRICT, NANDI HOBLI CHIKKABALLAPURA - 562 101. 2. SMT. NARSAMMA @ MUNINARSAMMA W/O. LATE MUNIRAJU AGED ABOUT 55 YEARS. 3. SMT. MUNIYAMMA D/O. LATE CHIKAPPAIAH AGED ABOUT 58 YEARS. 4. SMT. RATNAMMA D/O. LATE CHIKAPPAIAH AGED ABOUT 52 YEARS. RES. NO.2 TO 4 ARE R/AT KODAGURKI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 5. SRI CHINNAPPA S/O. DODDA MUNIYAPPA AGED ABOUT 76 YEARS R/AT KODAGURKI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 6. SMT. A. MUNIRATHNAMMA W/O. C.ASHWATHNARAYANA AGED ABOUT 68 YEARS R/AT NO.639, SULIBELE MAIN ROAD DEVANAHALLI - 3 - HC-KAR NC: 2025:KHC:44545 WP No. 32339 of 2025 BANGALORE RURAL DISTRICT - 562 110. 7. SRI SATHANUR MUNIYAPPA S/O. DODDA MUNIYAPPA AGED ABOUT 79 YEARS R/AT KODAGURKI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562 110. 8. SRI VISTIWANATH SUNDER SHETTY S/O SUNDER SHETTY AGED ABOUT 61 YEARS R/AT KARNIRE VILLAGE HOSAMANE POST, MULKI MANGALORE TALUK DAKSHINIA KANNADA DISTRICT - 574 154. 9. SRI MAHESH K. S/O. KARAGAPPA AGED ABOUT 45 YEARS R/AT KODAGURKI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562 110. 10. SRI B. ASHOK S/O. B. BASAVARAJU AGED ABOUT 47 YEARS R/AT NO.84, THINDLU VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 11. SMT. SOWMYA M.G. W/O. SRINVIAS B.L. AGED ABOUT 41 YEARS R/AT NO.153, 10TH MAIN 2ND STAGE, BCC LAYOUT BANGALORE - 560 040. - 4 - HC-KAR NC: 2025:KHC:44545 WP No. 32339 of 2025 12. M/S. SAI SRUSHTI (ARCHIKKANAHALLI) PROJECTS PRIVATE LIMITED NO.537, SRIRAM TOWER AMARJYOTHI LAYOUT, DOMLUR BANGALORE - 560 071 REP.BY ITS DIRECTOR SURESH KUMAR SADIPIRALLA REP.BY HIS POWER OF ATTORNEY HOLDER MR.KUPPAM KISHORE KUMAR REDDY. (A COMPANY REGISTERED UNDER COMPANIES ACT) 13. SRI D. SIVA KUMAR S/O. R.DURAI SWAMY AGED ABOUT 48 YEARS R/AT NO.537, SRIRAM TOWER AMARJOYTHI LAYOUT, DOMLUR BANGALORE - 560 071. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO HEAR AND PASS ORDERS AS EXPEDITIOUSLY AS POSSIBLE ON IA.NO.I AND II/2025 VIDE ANNEXURES-C AND D FILED UNDER ORDER XXXIX RULES 1 AND 2 OF CPC IN O.S.NO.276/2025, WHICH IS PENDING BEFORE THE COURT OF SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, BENGALURU RURAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:44545 WP No. 32339 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioners. 2. This petition is filed by the petitioners-plaintiffs seeking following reliefs: "WHEREFORE the Petitioners humbly pray before this Hon'ble Court a) To issue a Writ of Mandamus directing the trial court to hear and pass orders as expeditiously as possible on I.A.No.I and II/2025 vide Annexure-C and D filed under Order.39, Rule.1 and 2 of CPC in O.S.No.276/2025 which is pending before the court of Senior Civil Judge and JMFC, Devanahalli, Bengaluru Rural. b) Pass any other appropriate order/s or suitable direction as this Hon'ble court deems fit in the facts and circumstances of the case in the interest of equity and justice." 3. This Court is not inclined to issue notice to the respondents, as no adverse order is passed against them and no relief is sought against them. The only relief sought - 6 - HC-KAR NC: 2025:KHC:44545 WP No. 32339 of 2025 by the petitioners-plaintiffs in this case is for a direction for expeditious disposal of IA.Nos.I and II filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC in O.S.No.276/2025. 4. The petitioners are the plaintiffs in the original suit. They filed a suit against the respondents-defendants seeking following relief: "WHEREFORE, the plaintiffs respectfully pray that this Hon'ble court be pleased to: i. To effect partition of the plaintiffs 2/3rd share in respect of the suit schedule property;. ii. To declare that, the sale deeds executed in respect of the suit schedule property dated 31.07.2004, 20.11.2015, 25.07.2011, 08.08.2019, 14.12.2023 are not binding on the plaintiffs; iii. To pass permanent injunction restraining the defendant no.12 and 13 and their agents, representatives etc from interfering with the possession of the plaintiffs suit schedule property iv. to pass any other order/s as this Hon'ble court deems fit under the facts and - 7 - HC-KAR NC: 2025:KHC:44545 WP No. 32339 of 2025 circumstances of the case including the cost's of the proceedings." 5. Along with the plaint, the petitioners-plaintiffs filed IA.No.I under Order XXXIX Rules 1 and 2 read with Section 151 of CPC seeking an ad interim order of temporary injunction restraining defendant Nos.12 and 13, their agents, servants or anybody from alienating the application schedule property till disposal of the suit and IA.No.II filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC seeking an order of temporary injunction, restraining defendant No.12 not to change the nature of the suit schedule property till disposal of the suit. 6. Though the suit came to be filed on 28.02.2025, the trial Court has not passed any order on the interim applications for temporary injunction but has issued suit summons to defendants along with emergent notice on IA.No.I to defendant Nos.12 and 13 and emergent notice on IA.No.II to defendant No.12. - 8 - HC-KAR NC: 2025:KHC:44545 WP No. 32339 of 2025 7. Learned counsel for petitioners-plaintiffs contended that the trial Court has not passed any order on the said applications. Hence, the petitioners-plaintiffs are before this Court seeking the said relief for expeditious disposal of the applications, as any delay in passing the order on the applications would defeat the rights of the plaintiffs in filing the suit and also cause multiplicity of the proceedings. Therefore, they are before this Court for consideration of the applications in an expeditious manner, as it may cause irreparable injury and hardship, which may not be able to be compensated by way of cost. Also, if the order is passed, it would not cause any hardship to the defendants till their appearance and the same could be decided on merits once the appearance is made by the defendants. 8. Under the circumstances, I deem it appropriate to dispose of this case with a direction to the trial Court to dispose of the applications in a time bound manner. - 9 - HC-KAR NC: 2025:KHC:44545 WP No. 32339 of 2025 9. Accordingly, I pass the following: ORDER i. This petition is allowed; ii. The Senior Civil Judge and JMFC, Devanahalli, Bengaluru Rural District is directed to dispose of IA.Nos.I and II filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC in O.S.No.276/2025 within a period of fifteen days from the date of receipt of a copy of this order either by an ad interim order or after hearing the learned counsel for defendants if they have made their appearance on the notice to said application; iii. This Court has not made any observations on the merits of the application; Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 8