- 1 - HC-KAR NC: 2025:KHC-D:10968 WP No. 106242 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106242 OF 2025 (GM-CPC) BETWEEN: SMT. K. RAMADEVI W/O K. BHASKAR RAO AGE: 50 YEARS, OCC. HOUSEWIFE, R/O CHANNAHOLLI VILLAGE, TQ. SINDHANUR, PRESENTLY R/O. RAMALAYAM STREET, DEVI CAMP, POST. KARATAGI, TALUK KARATAGI, DIST. KOPPAL 583229. …PETITIONER (BY SRI. SADIQALI N. GOODWALA, ADVOCATE) AND: 1. UNION BANK OF INDIA FORMERLY KNOWN AS ANDRA BANK, A BODY INCORPORATED UNDER BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING AT 1980) AND HAVING ITS HEAD OFFICE AT DR. PATTABHI BHAVAN, SAIFABAD, HYDERABAD AND A BRANCH OFFICE AT PLOT NO.9-11, R.G. MAIN ROAD, KARATAGI, TQ. KARATAGI, DIST. KOPPAL 583229. 2. SRI. G. SHESHAIAH S/O RAMAYYA AGE. 83 YEARS, OCC. BUSINESS 3. SMT. MALLESHWARI W/O G. SHESHAIAH AGE. 69 YEARS, OCC. HOUSEWIFE, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10968 WP No. 106242 of 2025 4. SRI. G. SRINIVAS RAO S/O G. SHESHAIAH AGE. 49 YEARS, OCC. BUSINESS, 5. SMT. RADHARANI W/O SRI. N. KRISHNAMURTHY AGE. 45 YEARS, OCC. BUSINESS, 6. SRI. G. NAGARAJ S/O SRI. G. SHESHAIAH AGE. 48 YEARS, OCC. BUSINESS, 7. SMT. VENKATALAXMI W/O G. SIRINIVAS RAO, AGE. 46 YEARS, OCC. BUSINESS, 8. SMT. G. ARUNADEVI W/O G. NAGARAJ AGE. 44 YEARS, OCC. BUSINESS, 9. SMT. RADHARANI W/O N. KRISHNAMURTHY AGE. 45 YEARS, OCC. BUSINESS, RESPT. NO. 2 TO 9 ARE RESIDENCE OF RAMALAYAM STREET, DEVI CAMP, POST. KARATAGI, TALUK KARATAGI, DIST. KOPPAL-583229. …RESPONDENTS (NOTICE TO RESPONDENTS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO, A WRIT IN A NATURE OF MANDAMUS DIRECTING THE TRIAL COURT TO CONSIDER IA NO.3 AND COUNTER CLAIM FILED BY PETITIONER AND FRAME PRELIMINARY ISSUE IN OS NO.13/2021 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE AT GANGAVATI BY CONSIDERING THE CLAIM OF PETITIONER VIDE ANNEXURE-C AND D & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10968 WP No. 106242 of 2025 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: i. A writ in a nature of Mandamus directing the Trial Court to consider IA No.3 and counter claim filed by Petitioner and frame preliminary issue in os no.13/2021 in the court of Hon’ble Senior Civil Judge at Gangavati by considering the claim of Petitioner vide Annexure-C and D. ii. Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case. 3. Respondent Nos.2 to 9 are stated to have borrowed monies from the first respondent Bank. A suit O.S.No.13 of 2021, has been filed and the petitioner, who is Defendant No.1 therein, had filed I.A.No.3 seeking for permission to file counter claim. The grievance of the petitioner is that, the matter is being adjourned from time to time for consideration of the - 4 - HC-KAR NC: 2025:KHC-D:10968 WP No. 106242 of 2025 said application in I.A.No.3 inasmuch as it was listed on 16.06.2025 for objections, subsequently adjourned to 11.08.25 for the very same stage and now the matter is posted on 10.11.2025. It is in that background contending that the matter is being delayed, the petitioner is before this Court. 4. A perusal of the documents and the pleadings which have been placed on record indicates that, subsequent to the application having been filed, opportunity has been granted to the plaintiff therein to file objections. Now that the matter is posted on 10.11.2025. If objections are not filed by then, the trial Court would take a stand and proceed with the matter. A mandamus in such a situation cannot be granted directing for consideration of I.A.No.3, accepting the counter claim and framing of preliminary issue as sought for in the petition. - 5 - HC-KAR NC: 2025:KHC-D:10968 WP No. 106242 of 2025 5. In that view of the matter, since the trial Court has now adjourned the matter to 10.11.2025, the trial Court would take a decision on the said application on that date and proceed with the matter. There would be no requirement for issues of mandamus. 6. The petition stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:VP LIST NO.: 1 SL NO.: 18