- 1 - HC-KAR NC: 2025:KHC:43568 WP No. 15981 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15981 OF 2024 (GM-CPC) BETWEEN: VISHWAS N.S AGED ABOUT 22 YEARS S/O N.V. SRINIVAS MURTHY R/AT TANK BUND ROAD NEAR PRAGATHI SCHOOL CHINTAMANI - 563 125. …PETITIONER (BY SRI B.R. VISWANATH, ADV.) AND: 1. SMT. RAJESHWARI AGED ABOUT 71 YEARS D/O LATE N. VENKTACHALAPATHI R/AT SRINIVASA NILAYA TANK BUND ROAD CHINTAMANI - 563 125. 2. SMT. PADMAVATHI AGED ABOUT 76 YEARS W/O H.P. KRISHNAMURTHY MANAGER, VASAVI CHOULTRY NELAMANGALA - 562 123. 3. SRI N.V. SRINIVASA MURTHY AGED ABOUT 71 YEARS S/O LATE N. VENKTACHALAPTHI R/AT VISHWAS PROVISION STORES NEAR D.N. CYCLE SHOP, MG ROAD CHINTAMANI - 563 125. …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43568 WP No. 15981 of 2024 (BY SMT. NIRMALA K, ADV., FOR R-1 & R-2; R-3 SERVED - UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 23.04.2024 PASSED IN FDP NO. 07/2021 PASSED IN IA NO. 1 BY THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, CHINTAMANI i.e., ANNX-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India, is filed with a prayer to set aside the order dated 23.04.2024 passed on IA no.1 filed by the petitioner under Order I Rule 10(2) of CPC in FDP.No.7/2021 by the Court of Prl. Civil Judge & JMFC, Chintamani vide Annexure-D. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the parties jointly submit that, the proceedings in FDP.No.7/2021 may continue till the drawing up of final decree, but no final decree shall be drawn, till O.S.No.165/2022 which is filed by the petitioner before the Court of Senior Civil Judge & JMFC, Chintamani, is disposed of. They have accordingly filed a joint memo on behalf of the - 3 - HC-KAR NC: 2025:KHC:43568 WP No. 15981 of 2024 parties, which is signed by the learned Counsels appearing for the parties. 4. The joint memo is taken on record. The same reads as under: "1. The suit schedule property in FDP.No.7/2021 on the file of Prl. Civil Judge & JMFC at Chintamani and O.S.No.165/2022 on file of Senior Civil Judge & JMFC, at Chintamani is the same. 2. The petitioner being the plaintiff has filed a suit for declaration in respect of the schedule property in pursuance of a Will dated 12.12.2006 in O.S.No.165/2022. Further it is submitted that the defendants No.1 and 2 have disputed the Will and the same is pending. 3. It is prayed that the drawing of Final Decree in FDP.No.7/2021 may be kept in abeyance till the disposal of O.S.No.165/2022 on the file of Senior Civil Judge & JMFC, at Chintamani within five (5) months from this date. 4. The petitioner undertakes to submit no objection for participation of respondents no.1 & 2 herein who are defendant no.1 & 2 respectively in the above said suit by filing any application for recalling plaintiff witnesses for cross-examination or - 4 - HC-KAR NC: 2025:KHC:43568 WP No. 15981 of 2024 adducing their evidence. The parties undertake to cooperate in concluding the proceeding in O.S.No.165/2022 within the stipulated time of five months. It is prayed that this Hon'ble Court be pleased to dispose of the writ petition accordingly in the interest of justice and equity." 5. This writ petition is disposed of in terms of the joint memo. It is made clear that the final decree proceedings in FDP.No.7/2021 shall continue till the stage of drawing up of final decree, but no final decree shall be drawn, till O.S.No.165/2022 filed by the petitioner before the Court of Senior Civil Judge & JMFC at Chintamani is disposed of. It is needless to state considering the terms of the joint memo, the Trial Court before which O.S.No.165/2022 is pending shall make endeavours to dispose of the said suit within the stipulated period of five months from the date of receipt of certified copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE KK