- 1 - HC-KAR NC: 2025:KHC:33360 WP No. 22421 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22421 OF 2025 (GM-CPC) BETWEEN: SRI. AKASH RANKA, S/O LATE MAHAVEER RANKA, AGED 42 YEARS, NO.7, 30TH CROSS, 5TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BANGALORE-560011, EMAIL: AKASHRANKA@GMAIL.COM …PETITIONER (BY SRI. RAJADITHYA SADASIVAN., ADVOCATE) AND: SRI. ASOK S DHARIWAL. S/O LATE SUGANCHAND DHARIWAL, AGED 71 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33360 WP No. 22421 of 2025 NO.201, 2ND FLOOR, SHRAVANI PRIDE, MARKET ROAD, BEHIND CANARA BANK, BASAVANAGUDI, BANGALORE-560004. EMAIL:ASHOKDHARIWAL2457@GMAIL.COM …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT EXPEDITIOUS DISPOSAL OF IA NO. 1 AT ANNEXURE-D FILED UNDER ORDER XXXVIII RULE 5 CPC IN OS NO. 7461/2023 PENDING ON THE FILE OF THE V ADDL. CITY CIVIL JUDGE, BANGALORE (CCH-13) WITHIN THE TIME FRAME TO BE FIXED BY THIS HONBLE COURT; AND FOR SUCH OTHER ORDER, DIRECTION AND DECLARATION AS THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33360 WP No. 22421 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court seeking the following prayers: "(a) A writ of mandamus directing expeditious disposal of IA No.1 at Annexure-D filed under Order XXXVIII Rule 5 CPC in OS No.7461/2023 pending on the file of the V Addl. City Civil Judge, Bangalore (CCH-13) within the time frame to be fixed by this Hon'ble Court. (b) And for such other order, direction and declaration 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 Sri.Rajadithya Sadasivan, learned counsel appearing for the petitioner and have perused the material on record. 3. Learned counsel appearing for the petitioner is before this Court seeking the aforesaid innocuous prayer on the score than an application filed under Order XXXVIII Rule 5 of the Code of Civil Procedure, is pending before the concerned Court for the last 18 months and no order is passed. - 4 - HC-KAR NC: 2025:KHC:33360 WP No. 22421 of 2025 4. In that light, owing to the pendency of an application for the last 18 months, I deem it appropriate to direct the concerned Court to dispose the said application filed by the petitioner under Order XXXVIII Rule 5 of the Code of Civil Procedure, within an outer limit of three weeks from the date of receipt of copy of the order, if not earlier and if not already disposed. Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 28