- 1 - HC-KAR NC: 2025:KHC:40919 WP No. 29374 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 29374 OF 2025 (GM-CPC) BETWEEN: SRI. K. LINGE GOWDA AGED ABOUT 88 YEARS, S/O LATE KENGE GOWDA, R/A NO 491, IV BLOCK, 1ST F CROSS, 8TH MAIN ROAD BASAVESHWARANAGAR - 560 079 …PETITIONER (BY SRI. ABHISHEK HUDDAR, ADVOCATE) AND: M.D. MAHADEVAMMA. G. V. S. MARULAIAH TRUST A REGISTERED TRUST HAVING ITS OFFICE AT MAHADEVI CHITRAMANDIRA, B.H ROAD SHIVMOGGA - 577 201 REPRESENTED BY ITS TRUSTEES 1. SMT.G.V JAYAMMA W/O Y. RAJSHEKAR R/A 33, 3RD BLOCK, JAYANAGAR, BENGALURU - 560 041. 2. SMT. G.V. RENUKA W/O Y.N RAJSHEKARAPPA R/A 132, NEELADRI MAHAL 'G' BLOCK, JAYAMAHAL EXTENSION BANGALORE - 560 046. 3. SMT. TEJASWINI IGOOR(SIRI) D/O SRI G.V. APPAJI R/A 'GUJJAR' 2ND MAIN ROAD Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40919 WP No. 29374 of 2025 LABAHADUR SHASTRI NAGAR SHIVMOGGA - 577 201. 4. SRI G.V. AJEYA S/O LATE G.V APPAJI R/A 'GUJJAR' 2ND MAIN ROAD LABAHADUR SHASTRI NAGAR SHIVMOGGA - 577 201. 5. SMT. Y.R. JAYASHREE W/O LATE G.V APPAJI R/A 'GUJJAR' 2ND MAIN ROAD LABAHADUR SHASTRI NAGAR SHIVMOGGA - 577 201. 6. KUMARI G V LASYA @LAASYA GUBBI VAANI, D/O. LATE G V APPAJI, AGED ABOUT 38 YEARS, R/A. NO.71, HIG, VINOBHA NAGAR, SHIVAMOGGA - 577 204. 7. SRI. T. PRAKASH S/O LATE T MANJAPPA, AGED ABOUT 67 YEARS, R/A. TALAVANE VILLAGE, MEGHUR POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577 139. 8. SRI. H NARAYAN, S/O LATE C. HANUMANTHAPPA, AGED ABOUT 52 YEARS, R/A HOUSE NO-1, 1ST MAIN ROAD, BANASHANKARI 3RD STAGE, HOSKEREHALLI, BENGALORE - 560 085. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AND SET ASIDE THE ORDER DATED 13.08.2025 PASSED BY THE LEARNED HON'BLE VII ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BENGALURU IN O.S 4524/2021 AT ANNEXURE J & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:40919 WP No. 29374 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard the learned counsel for the petitioner. 2. Objections raised by the Registry are over ruled for the time being for the reasons mentioned herein. 3. This petition is filed by the petitioner for the following reliefs: "1. Issue appropriate writ or order or direction in the nature of certiorari and set aside the order dated 13.08.2025 passed by the learned Hon'ble VII Additional city civil and session judge at Bengaluru in O.S.No.4524/2021 at Annexure J. 2. To direct the learned Hon'ble VII Additional city civil and session judge at Bengaluru to expeditiously adjudicate the I.A.No.6 and I.A.No.8 on merits, at Annexure D and Annexure H, respectively. 3. To direct the Respondents to maintain status- quo with respect to schedule property until consideration of I.A.No.6 and I.A.No.8 by the learned Hon'ble VII Additional City civil and session judge at Bengaluru in - 4 - HC-KAR NC: 2025:KHC:40919 WP No. 29374 of 2025 O.S.No.4524/2021, at nnexure D and Annexure H. 4. Pass such other or further orders as this Hon'ble Court deems fit, in the interest of justice and equity." 4. The petitioner is none other than the plaintiff in the original suit i.e., O.S.No.4524/2021. During the pendency of the suit proceedings, the petitioner filed I.A.No.8, prior to that defendant Nos.3 to 5 filed I.A.No.6. The application filed by defendant Nos.3 to 5 was to dismiss the suit as having become infructuous in view of the assignment deed dated 21.10.2022. Pursuant thereafter, the petitioner/plaintiff filed application I.A.No.8 under Order XXXIX Rule 1 and 2 r/w Section 151 of CPC, 1908. Objections to these applications are filed. The trial Court, instead of passing orders on the interlocutory applications either allowing or rejecting the applications, has issued notice to the proposed defendant against whom the relief was sought in the said I.A.No.8. It is the grievance of the petitioner/plaintiff that the trial Court has not passed orders on the application and has issued notice. - 5 - HC-KAR NC: 2025:KHC:40919 WP No. 29374 of 2025 5. The present writ petition is taken up for consideration in view of Article 227 to the Constitution of India and entertained for the reason that the trial Court has not passed any orders on the application I.A.No.8 filed under Order XXXIX Rule 1 and 2 r/w Section 151 of CPC, 1908 and has issued only notice. 6. It is the grievance of the learned counsel for the petitioner that the trial Court ought to have considered I.A.Nos.6 and 8 and pass suitable orders rather, it has proceeded to issue notice. Thereby, the defendants are protracting and prolonging the proceedings before the trial Court and also the proposed defendant No.8. When the application is filed under Order XXXIX Rule 1 and 2 of CPC, it becomes the duty of the Court dealing with the matter to dispose of the application in an expeditious manner within a period of 30 days of course by providing suitable opportunity to the parties concerned. 7. In the present case, no orders are passed. Therefore, it becomes necessary for this Court to direct the trial Court to dispose of the matter by providing opportunity to all - 6 - HC-KAR NC: 2025:KHC:40919 WP No. 29374 of 2025 the concerned parties within a period of 15 days from the date of receipt of copy of the order. The trial Court shall also make an endeavour to dispose of any other pending applications in a manner known to law expeditiously. It is made clear that this Court has not expressed any opinion on the merits of the matter or on the application. In view of the above, the writ petition is disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE VM List No.: 1 Sl No.: 14 CT: BHK