- 1 - HC-KAR NC: 2025:KHC:29996 WP No. 19274 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19274 OF 2025 (GM-CPC) BETWEEN: 1. A. GANESH, S/O LATE BASAPPA, AGED 73 YEARS, R/AT NO.146, 2ND MAIN, A BLOCK, NAJALINGAPPA LAYOUT, DAVANAGERE – 577 004. 2. DR.CHAITRA, D/O A. GANESH, AGED ABOUT 36 YEARS, R/AT NO.279/1, 4TH MAIN, P.J. EXTENSION, DAVANAGERE – 577 004. PETITIONER NO.1 NOT CLAIMED SENIOR CITIZEN BENEFITS. …PETITIONERS (BY SRI. KESHAVA BHAT A., ADVOCATE) AND: 1. A.G.NAGARATHNA, W/O A.GANESH, AGE 67 YEARS, HOUSE WIFE, 2. CHETAN G, S/O G.N.GANESH, AGED ABOUT 39 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29996 WP No. 19274 of 2025 BOTH R/AT NO.5682/2, 4TH MAIN, 7TH CROSS, MALLIKARJUNA NILAYA, S.S.LAYOUT, 'B' BLOCK, DAVANAGERE – 577 004. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS, DIRECTING THE PRINCIPAL CIVIL JUDGE AND JMFC, DAVANAGERE TO HEAR AND DISPOSE OF PENDING APPLICATION IN O.S.NO.330/2025, IA NO.1/2025 FILED FOR INJUNCTION FORTHWITH AFTER CONSIDERING THE OBJECTIONS FILED BY THE PETITIONERS HEREIN AND ALSO TAKING NOTE OF THE WRITTEN STATEMENT AND AFTER HEARING BOTH SIDES, IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.Keshava Bhat A., learned counsel appearing for the petitioners and have perused the material on record. 2. Petitioners are defendant Nos.1 and 2 in O.S.No.330/2025 are at the doors of this Court seeking a direction to the concerned Court to hear and dispose the application so filed under Order XXXIX Rule 4 of the Code of Civil Procedure, as objections to the application under Order - 3 - HC-KAR NC: 2025:KHC:29996 WP No. 19274 of 2025 XXXIX Rules 1 and 2, as what is granted now is only an ex parte temporary injunction. 3. Learned counsel for the petitioners submits that for the last six months, the concerned Court has not taken up the application so filed by the petitioners or objections so filed by the petitioners as the case would be. 4. In that light, the concerned Court shall dispose the application in I.A.No.1 of 2025 as expeditiously as possible, at any rate, within six weeks from the date of receipt of the copy of this order. Ordered accordingly and Writ Petition is disposed. SD/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 40 - 4 - HC-KAR NC: 2025:KHC:29996 WP No. 19274 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [A.GANESH AND ANOTHER VS. A.G.NAGARATHNA AND ANOTHER] 15.09.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER 'FOR BEING SPOKEN TO' The petition was disposed on 04.08.2025. The petitioners have moved the matter for being spoken to ascertain typographical error that has crept into the 2nd paragraph of the order. The 2nd paragraph refers to an application filed by the petitioners under Order XXXIX Rule 4 of the CPC, the learned counsel submits that no such application is filed, but only objections were filed to I.A.No.1/2025. Therefore, the order shall now read as follows: "Petitioners, who are defendant Nos.1 and 2 in O.S.No.330/2025 are at the doors of this Court seeking a direction to the concerned Court to hear and dispose the application so filed under Order XXXIX Rules 1 and 2 of the CPC, as objections to the application have been filed". - 5 - HC-KAR NC: 2025:KHC:29996 WP No. 19274 of 2025 The learned counsel submitted that at paragraph No.3, the indication is, the application is pending for the last six months, while the counsel says it is only for 4 months as on the date of the passing of the order. Therefore, the words last six months shall read as last 'four' months. The order shall be treated as part and parcel of the subject order. Sd/- (M.NAGAPRASANNA) JUDGE PHM List No.: 2 Sl No.: 1