- 1 - HC-KAR NC: 2025:KHC:51116 WP No. 2652 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 2652 OF 2025 (GM-CPC) BETWEEN: SRI. PEDDEGOWDA S/O MUNISHAMAIAH AGED ABOUT 46 YEARS R/AT BEERAIAHPALYA VILLAGE MADHURE HOBLI DODDABALLAPURA TALUK …PETITIONER (BY SRI. T. SESHAGIRI RAO, ADVOCATE) AND: 1. SMT. MUNIRATHANAMMA D/O MUNISHAMAIAH AGED ABOUT 41 YEARS 2. SRI. SHIVAKUMAR S/O MUNISHAMAIAH AGED ABOUT 39 YEARS SRI. MUNIRANGAIAH S/O MUNISHAMAIAH AGED ABOUT 36 YEARS 3. SMT. HANUMAKKA W/O LATE NANJAMARAIAH AGED ABOUT 71 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51116 WP No. 2652 of 2025 4. SRI. MUNIRAJU S/O LATE CHANNAGANGAIAH AGED ABOUT 51 YEARS RESPONDENT NOS.1 TO 4 ARE RESIDING AT BEERAYANAPALYA VILLAGE MADURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT 5. SMT. MAHALAKSHMAMMA D/O LATE CHANNAGANGAIAH AGED ABOUT 59 YEARS R/O HADONAHALLI, TUBUGER HOBLI DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT 6. SMT. SHARDHAMMA D/O LATE CHANNAGANGAIAH AGED ABOUT 56 YEARS RESIDING AT MUDDINAPALYA 7. SRI MUNIRAJU S/O LATE MUNIMALLAIAH AGED ABOUT 55 YEARS 8. SMT. HANUMAKKA W/O SRI. SIDDAGANGAIAH AGED ABOUT 56 YEARS 9. SMT. RAJAMMA W/O SRI. MUNISHAMAIAH AGED ABOUT 56 YEARS RESPONDENT NOS.7 TO 9 ARE RESIDING AT BEERAYANAPALYA VILLAGE KANASAWADI POST - 3 - HC-KAR NC: 2025:KHC:51116 WP No. 2652 of 2025 10. 11. 12. 13. 14. 15. MADURE HOBLI DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT SRI. MUNILAKKAIAH S/O LATE MALOORAIAH AGED ABOUT 68 YEARS BEERAYANAPALYA VILLAGE MADURE HOBLI DODDABALLAPURA TALUK SRI. HANUMANTHARAJU AGED 52 YEARS RESIDING AT BEERAYANAPALYA VILLAGE MADURE HOBLI DODDABALLAPUR TALUK TAHSILDAR TALUK OFFICE DODDABALLAPURA THE CHIEF SECRETARY VIDHANA SOUDHA DR.AMBEDKAR ROAD BANGALORE SRI. MURTHY S/O LATE MUNIMALLAIAH R/AT CHIKKAKUKKANAHALLI VILLAGE RAILWAY GOLLAHALLI POST DASANPURAHOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT SMT. RATHNAMMA W/O SRI. BYLAPPA D/O LATE MUNIMALLAIAH AGED ABOUT 48 YEARS R/AT PILLAHALLIDHAKALE VILLAGE ARASINAKUNTE POST DASANAPURA HOBLI, NELAMANGALA TQ - 4 - HC-KAR NC: 2025:KHC:51116 WP No. 2652 of 2025 16. 17. 18. 19. BANGALORE RURAL DISTRICT SRI. HANUMANTHARAJU S/O LATE MUNIMALLAIAH AGED ABOUT 46 YEARS RESIDING AT BEERANYANAPALYA VILLAGE KANASAWADI POST MADURE HOBLI DODDABALLAPUR TALUK BANGALORE RURAL DISTRICT SRI. MUNIRAJU S/O LATE MUNIMALLAIAH AGED ABOUT 44 YEARS KANASAWADI POST MADURE HOBLI DODDABALLAPUR TALUK BANGALORE RURAL DISTRICT SMT. NETRAVATHI W/O SRI. MUNIRAJU D/O LATE MUNIMALLAIAH AGED ABOUT 40 YEARS SHAMABHATTARAPALYA VILLAGE RAILWAY GOLLAHALLI POST DASANPURA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT SRI. KESHAVA S/O LATE MUNIMALLAIAH AGED ABOUT 38 YEARS RESIDING AT BERRANYANAPALYA VILLAGE KANASAWADI POST MADURE HOBLI DODDABALLAPUR TALUK BANGALORE RURAL DISTRICT …RESPONDENTS (R1 TO R4, R6 TO R9, R14, R17 AND R18 ARE SERVED; SRI. M.B. SHANKARE GOWDA, ADVOCATE FOR R10 AND 11; - 5 - HC-KAR NC: 2025:KHC:51116 WP No. 2652 of 2025 SRI. M. SRINIVAS KUMAR, HCGP FOR R12 AND R13) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT/ORDER/DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE PETITIONER AND RESPONDENTS TO CUT AND REMOVE ANY STANDING TREES PENDING ADJUDICATION OF THE LIS BETWEEN THEM IN O.S.NO. 14/2011 PENDING ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPUR, BENGALURU RURAL DISTRICT AND COPY OF ORDER IN O.S.No.14/2011 IS PRODUCED AT ANNEXURE-A AND TO FURTHER DIRECT BOTH THE PETITIONERS AND RESPONDENTS TO CO-OPERATE FOR EXPEDITIOUS DISPOSAL OF IA NO.33 FILED UNDER ORDER XXXIX RULE 1(a) OF CPC DATED 29/01/2025 IN O.S.NO.14/2011 PENDING ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPUR, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 6 - HC-KAR NC: 2025:KHC:51116 WP No. 2652 of 2025 ORAL ORDER 1. No representation on behalf of the petitioner. 2. Learned HCGP accepts notice for respondent Nos.12 and 13. 3. Learned counsel for respondents/plaintiffs is present before the Court. He has filed a memo along with photo copy of the orders passed on I.A.No.XXXIII by the learned trial Judge whereby the learned trial Judge has partly allowed I.A.No.XXXIII. 4. The prayer made in this petition is as under: "A. Issue a writ/order/direction in the nature of Mandamus directing the Petitioner and Respondents not to cut and remove any standing trees pending adjudication of the lis between them in O.S.No.14/2011 pending on the file of Prl. Senior Civil Judge and JMFC, Doddaballapur, Bengaluru Rural District and copy of order in O.S.No.14/2011 is produced at Annexure-A. B. To further direct both the Petitioners and Respondents to co-operate for expeditious disposal of I.A.No.33 filed under Order XXXIX Rule 1(a) of CPC dated 29.01.2025 in O.S.No.14/2011 pending on the file of Prl. Senior Civil Judge and JMFC, Doddaballapur, Bengaluru Rural District to meet the ends of justice and equity." - 7 - HC-KAR NC: 2025:KHC:51116 WP No. 2652 of 2025 5. In view of I.A.No.XXXIII having been disposed of by the learned trial Judge, the present petition would not survive for consideration as it has become infructuous and spent itself. Accordingly, petition is disposed. Sd/- (PRADEEP SINGH YERUR) JUDGE SBN List No.: 1 Sl No.: 10