- 1 - HC-KAR NC: 2025:KHC-D:10253 WP No. 105738 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105738 OF 2025 (GM-CPC) BETWEEN: SMT. RESHMA ASHOK KUMAR SHETTY AGE: 52 YEARS, OCC. HOUSEHOLD, R/O. PLOT NO.5, SCHEME NO.51, OPP. S. NIJALINGAPPA SUGAR INSTITUTE, GANESH PUR MAIN ROAD, LAXMI TEK BELAGAVI, TAL/DIST.BELAGAVI-590001. …PETITIONER (BY SRI. RAMESH IRAPPA ZIRALI, ADVOCATE) AND: 1. SUBHASH KHACHU DUKARE AGE: 69 YEARS, OCC. AGRICULTURE, R/O. KINAYE VILLAGE, TAL/DIST.BELAGAVI-590001. 2. VILAS KHACHU DUKARE AGE: 65 YEARS,OCC. AGRICULTURE, R/O. KINAYE VILLAGE, TAL/DIST.BELAGAVI-590001. 3. AJIT KHACHU DUKARE AGE. 61 YEARS,OCC. AGRICULTURE, R/O. KINAYE VILLAGE, TAL/DIST.BELAGAVI-590001. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.16 11:13:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10253 WP No. 105738 of 2025 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT OF MANDAMUS/ DIRECTION DIRECTING THE TRIAL COURT TO DISPOSE OFF THE SUIT IN OS 50/2021 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT KHANAPUR VIDE ANNEXURE-E TO MEET THE ENDS OF JUSTICE AND EQUITY AND ETC., 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: i) Issue a writ of Mandamus/ Direction directing the Trial court to dispose off the suit in OS 50/2021 on the file of Principal Civil Judge and JMFC at Khanapur vide Annexure-E to meet the ends of justice and equity. ii) Issue any other writ or direction as deemed fit by this Hon’ble Court. 3. Grievance of the petitioner is that despite the petitioner having led evidence and having submitted himself for cross-examination and thereafter the - 3 - HC-KAR NC: 2025:KHC-D:10253 WP No. 105738 of 2025 defendants having led evidence and matter having posted for argument, at that stage on multiple occasions application has been filed to recall PW.1 for the purpose of cross-examination, which though allowed, the defendants have not cross-examined and as such his grievance is that disposal of the suit is delayed. 4. 4. When applications are filed before the Trial Court, it is for the Trial Court to consider the said applications and dispose the matter. Merely because there is a delay on account of such application being filed, this Court cannot issue a mandamus directing the Trial Court to dispose of the matter expeditiously. 5. Considering that the matter is of the year 2021, this Court hopes and believes that the Trial Court will consider the application/s as expeditiously as possible, taking into consideration any dilatory tactics adopted by the defendants for protracting the matter - 4 - HC-KAR NC: 2025:KHC-D:10253 WP No. 105738 of 2025 by dealing with the same strictly in accordance with law. 6. In view of the above, petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH Ct:pa List No.: 1 Sl No.: 15