- 1 - HC-KAR NC: 2025:KHC:42424 WP No. 31621 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.31621 OF 2025 (GM-CPC) BETWEEN: 1. SRI G N CHANDRASHEKARAPPA S/O LATE G NINGAPPA AGED ABOUT 60 YEARS 2. SRI G.N. DANAPPA S/O LATE G NINGAPPA AGED ABOUT 71 YEARS PETITIONER NOS.1 & 2 ARE R/AT HULLEHAL VILLAGE & POST BHARAMASAGARA HOBLI CHITRADURGA TALUK & DISTRICT-577 521 3. SRI B.T RAMESH S/O LATE B THIPPERUDRAPPA AGED ABOUT 58 YEARS R/AT HULLEHAL VILLAGE & POST BHARAMASAGARA HOBLI CHITRADURGA TALUK & DISTRICT-577 521 AND ALSO AT NO.57, 10TH MAIN 7TH CROSS , COFFEE BOARD LAYOUT HEBBAL KEMPAPURA BENGALURU -560 024 …PETITIONERS (BY SRI. CHANDRASHEKAR SWAMY K B.,ADVOCATE) AND: 1. SMT. PUSHPAVATHI W/O B NAGARAJAPPA AGED ABOUT 64 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42424 WP No. 31621 of 2025 2. SRI B NAGARAJAPPA S/O LATE KALLAPPA AGED ABOUT 70 YEARS 3. SRI B.N SHASHIDHARA S/O B NAGARAJAPPA AGED ABOUT 40 YEARS 4. SRI B.N SRIDHARA S/O B NAGARAJAPPA AGED ABOUT 40 YEARS 5. SRI B.N CHANDRASHEKHARAPPA S/O LATE B NINGAPPA AGED ABOUT 73 YEARS 6. SRI B.C REVANASIDDAPPA S/O B.N CHANDRASHEKHARAPPA AGED ABOUT 39 YEARS 7. SRI B.C THIPPERUDRAPPA S/O B.N CHANDRASHEKHARAPPA AGED ABOUT 39 YEARS 8. SRI B.N KUBERAPPA S/O LATE B NINGAPPA AGED ABOUT 68 YEARS 9. SRI B.K MANJUNATH S/O B.N KUBERAPPA AGED ABOUT 33 YEARS 10. SRI THIPPESHI @ @ HEGADIHAL THIPPESHI S/O H.SHIVANNA AGED ABOUT 28 YEARS RESPONDENT NO.1 TO 10 ALL ARE R/AT HULLEHAL VILLAGE & POST BHARAMASAGARA HOBLI - 3 - HC-KAR NC: 2025:KHC:42424 WP No. 31621 of 2025 CHITRADURGA TALUK & DISTRICT-577521 …RESPONDENTS THIS WP IS FILED ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 01.03.2025 VIDE ANNEXURE-C PASSED BY THE SENIOR PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHITRADURGA IN MA NO. 46/2023 ON THE MEMO DATED 01.03.2025 FILED BY THE PETITIONERS VIDE ANNEXURE-B. 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 present writ petition is filed by the appellants in M.A. No.46/2023 for the following reliefs: a) Wherefore, it is humbly prayed that this Hon'ble Court be pleased to issue a writ of Certiorari quashing the impugned order dated 01.03.2025, vide Annexure-C passed by the Principal Senior Civil Judge & CJM, Chitradurga in M.A. No.46/2023 on the memo dated 1.3.2025 filed by petitioners vide Annexure -B. b) Direct the appellate Court to dispose the miscellaneous appeal in M.A. No.46/2023 filed under Order 43 Rule 1(r) r/w Section 104 of - 4 - HC-KAR NC: 2025:KHC:42424 WP No. 31621 of 2025 the Civil Procedure Code, vide Annexure-A expeditiously with time bound. c) And issue any other writ or order as deem fit in the facts and circumstances of the case, in the interest of justice and equity. 3. Learned counsel for petitioners submits that he does not press prayer (a) in the writ petition and he would be satisfied if direction is given to the appellate Court to dispose of the appeal in M.A. No.46/2023 expeditiously. 4. This Court does not find any need to issue notice to the respondents as no relief is sought against them and so also no adverse order is passed against them. 5. I have perused the grounds urged in the present writ petition and the memo dated 1.3.2025 (Annexure-B) filed by learned counsel for petitioners before the Appellate Court to dispose of the appeal without unnecessary adjournments in the matter. 6. Being satisfied with the reasons assigned in the memorandum of petition as well as in memo dated 1.3.2025 filed before the appellate Court, wherein the petitioners herein - 5 - HC-KAR NC: 2025:KHC:42424 WP No. 31621 of 2025 have restricted their prayer for expeditions disposal of the case, this Court deems it appropriate to pass the following: O R D E R i) The petition is allowed in part. ii) The appellate Court is directed to dispose of M.A. No.46/2023 filed under Order 43 Rule 1(r) r/w Section 104 of the Civil Procedure code, pending on the file of the Prl. Senior Civil Judge & CJM, Chitradurga, as expeditiously as possible. iii) Both parties shall cooperate for early disposal of the appeal. iv) The appellate Court is at liberty to impose costs on any of the parties for unnecessary adjournments. v) It is made clear that this Court has not expressed any opinion on merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 35