- 1 - HC-KAR NC: 2025:KHC:54520 WP No. 37624 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.37624 OF 2025 (GM-CPC) BETWEEN: SRI B GOVINDARAJA HEGDE S/O LATE SANJEEVA HEGDE AGED ABOUT 63 YEARS R/AT DOOR NO. 4-63 (1) AND 2, EKADANTHA COMPLEX, VARAMBALLI VILLAGE, BRAHMAVARA TALUK, UDUPI - 576 213 …PETITIONER (BY SRI. MAHESHKIRAN SHETTY S.,ADVOCATE) AND: SMT.CHANDRAKALA W/O UDAYA KUMAR SHETTY AGED ABOUT 50 YEARS R/AT UPPINAKOTE, VARAMBALLI VILLAGE, BRAHMAVARA TALUK, UDUPI 576 213 REP.BY HER GPA HOLDER SRI. UDAYA KUMAR SHETTY S/O NARAYAN SHETTY AGED ABOUT 60 YEARS R/AT. UPPINAKOTE, VARAMBALLI VILLAGE, BRAHMAVARA TALUK, UDUPI - 576 213 …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT UDUPI TO Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54520 WP No. 37624 of 2025 PASS ORDERS ON THE APPLICATION FILED BY THE PETITIONER UNDER ORDER XLI RULE 5 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE 1908 IN R.A NO. 12/2025 EXPEDITIOUSLY VIDE ANNX-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner. 2. The petitioner is the appellant in the first appellate Court in R.A. No.12/2025. Aggrieved by the judgment and decree passed in O.S. No.173/2018, the petitioner preferred R.A. No.12/2025 before the Prl. Senior Civil Judge & CJM, Udupi. Alongwith the appeal, the petitioner/appellant preferred an application under Order XL1 Rule 5 r/w Section 151 of CPC for stay of the judgment & decree passed in O.S. No.173/2018. It is the case of the petitioner/appellant that despite the objections being filed by respondent to the said application and the matter being heard on 4.7.2025, 11.7.2025, 15.7.2025, 18.7.2025, 21.7.2025, 1.12.2025, 9.12.2025 and 15.12.2025, no orders are passed on the said application. Hence, petitioner - 3 - HC-KAR NC: 2025:KHC:54520 WP No. 37624 of 2025 being aggrieved by the same is before this Court on the apprehension that the respondent/plaintiff may execute the exparte judgment & decree passed by the trial Court against the petitioner/ appellant. 3. This Court is not inclined to issue notice to the respondent/plaintiff as no relief is sought against him. The only relief that is sought in the present writ petition is to direct the appellate Court to pass order on the application filed under Order XLI Rule 5 r/w Section 151 of CPC in R.A. No.12/2025 expeditiously. 4. Apparently, it is seen that the petitioner has challenged the judgment & decree of the trial Court in R.A. No.12/2015 and the appeal is in time. Alongwith the appeal, the petitioner filed an application under Order XLI Rule 5 of CPC seeking stay of the judgment & decree passed by the trial Court. 5. On perusal of the order sheet maintained by the appellate court, it is seen that despite arguing the matter on several days, the appellate Court has not passed orders on the said application. Thereby, the very filing of the appeal as well - 4 - HC-KAR NC: 2025:KHC:54520 WP No. 37624 of 2025 as the application would be defeated if the judgment & decree of the trial Court is executed and implemented. 6. Under the circumstances, I am in agreement with the learned counsel for petitioner that the Appellate Court before which the appeal is pending in R.A. No.12/2025 is obligated and duty bound to consider the application filed under Order - XLI Rule 1 of CPC and pass orders either granting or rejecting the prayer sought in the application expeditiously. Since the next date of hearing before the appellate Court is 19.12.2025 (tomorrow), this Court deems it appropriate to direct the appellate Court to consider and pass orders on the application by tomorrow, considering the facts and circumstances of the case. 7. Accordingly, I pass the following: O R D E R i) Writ Petition is allowed. ii) The Appellate Court is directed to consider the application filed by the petitioner under Order XLI Rule 5 r/w Section 151 of the Code of Civil Procedure in R.A. No.12/2025 vide - 5 - HC-KAR NC: 2025:KHC:54520 WP No. 37624 of 2025 Annexure-'C' and pass orders in accordance with law by 19.12.2025 (tomorrow). Sd/- (PRADEEP SINGH YERUR) JUDGE List No.: 2 Sl No.: 1 GSS