- 1 - HC-KAR NC: 2025:KHC:50936 WP No. 4573 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 4573 OF 2021 (GM-CPC) BETWEEN: YASHODA D/O LATE CHIKKANNA, W/O LATE SHIVASHANKAR @ SHANKARAPPA, AGED ABOUT 48 YEARS, HOUSEWIFE R/AT HALUHOSAHALLI VILLAGE, GULURU HOBLI, CHIKKASARANGI POST, TUMAKURU DISTRICT-572 118. …PETITIONER (BY SRI. GOPALAKRISHNAMURTHY.C., ADVOCATE) AND: 1. KEMPAMMA W/O LATE CHIKKANNA, AGED ABOUT 80 YEARS, KENGANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK-562 162. 2. GANGARANGAIAH S/O LATE CHIKKANNA, AGED ABOUT 65 YEARS, KENGANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK-562 162. 3. CHANNAPPA S/O LATE CHIKKANNA, AGED ABOUT 60 YEARS, KENGANAHALLI VILLAGE, Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2025:KHC:50936 WP No. 4573 of 2021 DASANAPURA HOBLI, ANGALORE NORTH TALUK-562 162. 4. GARUDARANGAIAH S/O LATE CHIKKANNA, AGED ABOUT 56 YEARS, KENGANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK-562 162. …RESPONDENTS (BY SRI. S.G.SWAMY FOR R1 & R4; R2 & R3-SERVED AND UNREPRESENTED) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN O.S.NO.118/2021 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA AS PER ANNEXURE-A TO QUASH THE IMPUGNED ORDER BY ISSUING WRIT OF CERTIORARI PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA ON I.A.NO.1/2021 U/O XXXIX RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE IN O.S.NO.118/2021 DATED 23.02.2021 AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. None appears for the respondents despite service. 2. The present petition seeks to challenge an order on I.A.No.1 dated 23.02.2021 in O.S.No.118/2021 passed by the Senior Civil Judge & JMFC, Nelamangala (hereinafter - 3 - HC-KAR NC: 2025:KHC:50936 WP No. 4573 of 2021 referred to as the Impugned Order). By the Impugned Order, emergent notice was issued to the respondents/defendants on the application seeking interim relief. 3. Learned counsel for the petitioner/plaintiff submits that in pursuance of the Impugned Order, the proceedings before the Trial Court have continued and the respondents are appearing before the Trial Court and contesting the matter. He further submits that his limited grievance is that his application/I.A.No.1 filed under Order 39 Rule 1 & 2 of the CPC has still not been decided by the Trial Court. He draws the attention of the Court to the order dated 05.03.2021 by which this Court has granted interim protection to submit that he would be filing an application before the Trial Court for early hearing on I.A.No.1. He prays that interim protection granted to him by this Court be extended till the decision in I.A.No.1 is taken by the Trial Court. Learned counsel for the petitioner further - 4 - HC-KAR NC: 2025:KHC:50936 WP No. 4573 of 2021 submits that the matter is next coming up before the Trial Court on 04.02.2026. 4. In view of the submissions of the learned counsel for the petitioner, the petition is disposed of granting liberty to the petitioner to file an application for early hearing of his I.A. filed under Order 39 Rule 1 and 2 of CPC. Interim protection granted by this Court on 05.03.2021 is extended until 04.02.2026, the next date of hearing before the Trial Court. 5. The petition is disposed of in the above terms. All pending applications stand closed. Sd/- (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 23