- 1 - HC-KAR NC: 2025:KHC:45289 WP No. 27139 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 27139 OF 2025 (GM-CPC) BETWEEN: 1. SMT. MANJULA B.M., W/O. B. LAKSHMANA AGED ABOUT 54 YEARS, R/AT NO.826/A, SRI KALABAIRAVASWAMY NILAYA 14TH MAIN MEA LAYOUT BAGALGUNTE, BANGALORE - 560 073. …PETITIONER (BY SRI. SURAJ GOWDA B.R., ADVOCATE) AND: 1. THE COMMISSIONER BBMP N.R. SQUARE HUDSON CIRCLE BANGALORE - 560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER, BBMP WARD NO.14, BAGALGUNTE, BANGALORE - 560 073. 3. SRI M.N. RAMACHANDRAIAH, S/O. LATE NANJAPPA AGED ABOUT 59 YEARS R/AT NO.189/A, 14TH MAIN MEA LAYOUT BAGALGUNTE, BANGALORE - 560 073. …RESPONDENTS Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45289 WP No. 27139 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 21.08.2025 PASSED ON I.A.NO.I IN O.S.NO. 5903/2025 PENDING ON THE FILE THE XXXIX ADDL. CITY CIVIL AND SESSION JUDGE BANGALORE VIDE ANNX-A AND ALLOW THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF C.P.C. AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard Sri B.R. Suraj Gowda, learned counsel for the petitioner. 2. This writ petition is filed by the plaintiff in O.S.No.5903/2025 challenging the order dated 21.08.2025, wherein the trial Court has issued notice on IA.No.I filed under Order 39 Rule 1 and 2 of CPC and thereafter posting the case on 15.10.2025. 3. Learned counsel for the petitioner submits that though notice is issued, defendants are evading service of notice and the matter is still at the stage of consideration of IA.No.I. The writ petition prima facie is premature. However, in - 3 - HC-KAR NC: 2025:KHC:45289 WP No. 27139 of 2025 view of the submission made that the defendants are evading service of notice, the trial Court is directed to pass appropriate orders. 4. In view of the urgency pleaded, the petitioner is at liberty to seek the Advancement of the case and the trial Court shall consider the grievance raised by the petitioner herein. 5. With the above observation, writ petition is disposed of. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 8