- 1 - HC-KAR NC: 2025:KHC:36158 WP No. 27171 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27171 OF 2025 (GM-CPC) BETWEEN: MR. K S GEORGE AGED ABOUT 75 YEARS, SON OF LATE MR. M.J. SEBASTIN, RESIDING AT NO.41/42, BEHIND V.R.L. DEPOT. PATTANAKERE, MYSURU ROAD, BENGALURU - 560 059 …PETITIONER (BY SMT. RUPA RON, ADVOCATE) AND: 1. KARUNA NIVAS TRUST A REGISTERED TRUST, HAVING ITS OFFICE AT KARUNANIVAS, KASAVANAHALLI, BELANDUR POST, BENGALURU - 560 087 REPRESENTED BY ITS TRUSTEE MRS. RANI ANN JAMES. 2. MRS. RANI ANN JAMES, AGED MAJOR, W/O ANISH AUGUSTINE, TREASURER AND TRUSTEE, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36158 WP No. 27171 of 2025 KARUNA NIVAS TRUST, EDAKKARA HOUSE, NO.9, SRS LAYOUT, HAROHALLI VILLAGE, HUSKUR POST, BENGALURU - 560 099 3. MR. ANISH AUGUSTINE, AGED: MAJOR, S/O AUGUSTINE MATHEW, TRUSTEE, KARUNA NIVAS TRUST, EDAKKARA HOUSE, NO.9, SRS LAYOUT, HAROHALLI VILLAGE, HUSKUR POST, BENGALURU - 560 099 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE TRIAL COURT TO HEAR AND DISPOSE THE APPLICATION FILED BY THE DEFENDANTS UNDER ORDER XXXVII RULE 3(5) OF THE CODE OF CIVIL PROCEDURE IN O.S. NO.3148/2020 ON THE FILE OF XXXVIII ADDL. CITY CIVIL AND SESSIONS JUDE (CCH-39), BENGALURU, AT ANNEXURE C, WITHIN A CERTAIN TIME FRAMED NOT EXCEEDING THREE WEEKS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36158 WP No. 27171 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "(1) ISSUE a writ ofmandamus, directing the Trial Court to hear and dispose the application filed by the Defendants under Order XXXVII Rule 3(5) of the Code of Civil Procedure in O.s.No.3148/2020 on the file of XXXVIII Addl. City Civil and Sessions Jude (CCH-39), Bengaluru, at Annexure C, within a certain time framed not exceeding three weeks; and (2) GRANT such other and further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Smt. Rupa Ron, learned counsel appearing for the petitioner and have perused the material on record. 3. The petitioner is the plaintiff institutes a suit in O.S.No.3148/2020, in which, an application seeking leave to defend, is pending consideration for the last 4 years. - 4 - HC-KAR NC: 2025:KHC:36158 WP No. 27171 of 2025 4. In that light, the petitioner is before this court seeking a direction to the concerned Court to consider the application so filed seeking leave to defend and pass necessary thereon, in accordance with law. 5. In the light of the prayer being innocuous, I deem it appropriate to dispose the petition directing the concerned Court to pass an order on the application so filed by the petitioner within an outer limit of four (4) weeks from the date of receipt of a copy of this order, if not earlier. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 89