- 1 - HC-KAR NC: 2025:KHC:27278 WP No. 17806 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17806 OF 2025 (GM-CPC) BETWEEN: C.P. FAYAZ, S/O LATE PHEER SAB, AGED ABOUT 46 YEARS, OCC: BUSINESS, R/AT OPP: AMBEDKAR BHAVAN, UNDEDASARAHALLI ROAD, CHIKKAMAGALURU DIST. - 577 101. …PETITIONER (BY SMT. NALINA K, ADVOCATE) AND: C.P. IMTIYAZ, S/O LATE PHEER SAB, AGED ABOUT 41 YEARS, OCC: BUSINESS, R/AT PAIS COMPUND, UNDEDASARAHALLI ROAD, CHIKKAMAGALURU DIST. - 577 101. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT-I ADDL. CIVIL JUDGE AND JMFC, CHIKKAMAGALURU, TO CONSIDER THE IA-IV, U/OR 39 RULE 4 OF CPC, IN OS 195/2023, AS EARLY AS POSSIBLE, VIDE ANNEXURE-A. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27278 WP No. 17806 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a) Issue a Writ of Mandamus or any other appropriate Writ or direction, directing the Trial Court-I Addl. Civil Judge & JMFC, Chikkamagaluru, to consider the IA-IV, U/Or 39 Rule 4 of CPC, in OS 195/2023, as early as possible, vide Annexure- A. b) Any other appropriate writ or direction as this Hon'ble Court deems fit under the circumstances of the case, in the interest of justice and equity." 2. The petitioner is the defendant, files an application seeking the vacation of the interim order under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 ('the CPC' for short). The said application is not taken up by the concerned Court, despite it being filed a year ago. 3. In that light, I deem it appropriate to direct the concerned Court to dispose the application filed under Order XXXIX Rule 4 of the CPC in O.S.No.195/2023 in the next four - 3 - HC-KAR NC: 2025:KHC:27278 WP No. 17806 of 2025 weeks from the date of receipt of the copy of this order, if not already decided. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 38 CT: BHK