- 1 - NC: 2025:KHC-D:2912 WP No. 106768 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106768 OF 2024 (GM-CPC) BETWEEN: SHIVANAGOUDA S/O. SHANKAR GOUDA PATIL, AGE. 65 YEARS, OCC. AGRICULTURIST, R/O. SATTAGIHALLI, TQ. HIREKERUR, DIST. HAVERI. …PETITIONER (BY SRI. NAGANGOUDA R KUPPELUR., ADVOCATE) AND: 1. YALLAPPA S/O. BASAPPA HULLATTER, AGE. 78 YEARS, OCC. AGRICULTURIST, 2. GUTTEPPA S/O. BASAPPA HULLATTER, AGE. 74 YEARS, OCC. AGRICULTURIST, 3. KARIYAPPA S/O. BASAPPA HULLATTER, AGE. 72 YEARS, OCC. AGRICULTURIST, ALL ARE R/O. SATAGIHALLI, TQ. HIREKERUR, DIST. HAVERI-581116 …RESPONDENTS (BY SRI. P.G. MOGALI., ADVOCATE FOR R1 TO R3) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.18 11:58:29 +0530 - 2 - NC: 2025:KHC-D:2912 WP No. 106768 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE TRIAL COURT TO DISPOSE OFF THE SUIT IN OS NO. 331/2017 ANNEXURE-B PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HIREKERUR, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. To issue a writ in the nature of mandamus directing the trial court to dispose off the suit in O.S.No.331/2017, Annexure-B, pending on the file of Senior Civil Judge and JMFC, Hirekerur, in the interest of justice and equity. b. To grant such other order or relief to which the petitioner may be found entitled to under the circumstance of the case in the interest of justice. 2. Though allegations have been made by the petitioner against the respondents contending that the respondents are cause for the delay, Sri.P.G.Mogali, learned counsel for respondents No.1 to 3 submits that respondents are not responsible for the delay. - 3 - NC: 2025:KHC-D:2912 WP No. 106768 of 2024 3. Be that as it may, without going into the controversy of who is responsible, taking into consideration that this Court vide order dated 23.5.2022 in W.P.No.110075/2019 had directed the trial Court to dispose of the matter expeditiously preferably within a period of 6 months, the said suit has still remained undisposed. 4. In that view of the matter, the Writ Petition is allowed. The Senior Civil Judge and J.M.F.C. Hirekerur seized of O.S.No.331/2017 is directed to comply with the order dated 23.5.2022 in W.P.No.110075/2019 within the period mentioned therein extended by a further period of four months from today. 5. The submission of Sri.Nagangouda R.Kuppelur and Sri.P.G.Mogali, the respective counsels for the parties on their own behalf and on behalf of the counsels appearing for the parties before the trial Court that they will cooperate with the trial Court for disposal of - 4 - NC: 2025:KHC-D:2912 WP No. 106768 of 2024 the above matter and would not seek for any unnecessary adjournments is placed on record. The trial Court would be free to deal with any application filed for adjournment or request made for adjournment in the strictest terms since the submission made by both the counsels is that they would cooperate for expeditious disposal. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 6