- 1 - HC-KAR NC: 2025:KHC-D:11720 WP No. 106593 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.106593 OF 2025 (GM-CPC) BETWEEN: 1. KUMAR SWAMY S/O. LATE NAGAPPA VENKATAGIRI, AGE: 36 YEARS, OCC. AGRICULTURE, 2. DURUGAPPA S/O. LATE HANUMANTHAPPA VENKATAGIRI, AGE: 68 YEARS, OCC. AGRICULTURE, 3. HOLIYAPPA S/O. LATE HANUMANTHAPPA VENKATAGIRI AGE: 58 YEARS, OCC. AGRICULTURE, ALL ARE R/O MUKKUMPI VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL. …PETITIONERS (BY SRI. SUBHASH J. BADDI, ADVOCATE) AND: 1. MADDANEPPA S/O. HANUMAPPA PUJAR, AGE: 53 YEARS, OCC. AGRICULTURE, 2. KANAKAPPA S/O. MADDANEPPA PUJAR, AGE: 31 YEARS, OCC. AGRICULTURE, 3. HANUMESHA S/O. MADDANEPPA PUJAR, AGE: 27 YEARS, OCC. AGRICULTURE, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11720 WP No. 106593 of 2025 4. MUDIYAPPA S/O. KANAKAPPA PUJAR, AGE: 43 YEARS, OCC. AGRICULTURE, 5. EARAPPA S/O. KANAKAPPA PUJAR, AGE: 41 YEARS, OCC. AGRICULTURE, ALL ARE R/O. MUKKUMPI VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE PRINCIPAL CIVIL JUDGE AND JMFC, GANGAVATHI, TO CONSIDER THE DISPOSE OF I.A.NO.10/2025 IN O.S.NO.175/2022 PENDING ON ITS FILE, EXPEDITIOUSLY AND WITHIN A STRICT TIME FRAME TO BE STIPULATED BY THIS HONBLE COURT. B. PASS SUCH OTHER ORDER OR ORDERS WHICH THIS HONBLE COURT MAY DEEM FIT AND NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE CASE. 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 the respondents is dispensed with in view of the proposed order to be passed. 2. The petitioners are before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC-D:11720 WP No. 106593 of 2025 a. Issue a Writ of Mandamus or any other appropriate writ, order, or direction, directing the Principal Civil Judge and JMFC, Gangavathi, to consider the dispose of I.A.No.10/2025 in O.S.No.175/2022 pending on its file, expeditiously and within a strict time frame to be stipulated by this Hon’ble Court. b. Pass such other order or orders which this Hon’ble Court may deem fit and necessary in the facts and circumstances of the case. 3. The grievance of the petitioner is that, I.A.No.10 of 2025 filed by the petitioners in O.S.No.175 of 2022, pending on the file of learned Principal Civil Judge and JMFC, Gangavathi, to withdraw the said suit with liberty, is not been considered though the same was filed on 20.03.2025. 4. I am of the considered opinion that a mandamus of this nature cannot be issued. The petitioner is directed to bring it to the notice of the trial Court, who would necessarily have to pass orders on I.A. No.10 of 2025 at the earliest, considering that nearly 6 months have elapsed from the date of filing of the application. The petitioner could always request the trial Court to pass such orders expeditiously. - 4 - HC-KAR NC: 2025:KHC-D:11720 WP No. 106593 of 2025 5. With above observations, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 39