- 1 - HC-KAR NC: 2025:KHC:47098 WP No. 8341 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 8341 OF 2025 (GM-RES) BETWEEN: SRI.H. GOPALA REDDY, S/O LATE HANUMANTHAPA, AGED ABOUT 56 YEARS, R/AT NO.17, SHANTHI NIVASA, 2ND MAIN, 3RD CROSS, KH M BLOCK, GANGANAGAR, BENGALURU - 560 032. …PETITIONER (BY SRI RAMAKRISHNA SRINIVASAN.,ADVOCATE) AND: 1. THE REGISTRAR GENERAL, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, OPP TO VIDHANA SOUDHA, AMBEKAR VEEDHI, BENGALURU 560 001. 2. PRINCIPAL DISTIRCT AND SESSIONS COURT BENGALURU, RURAL CITY CIVIL COURT COMPLEX, K G ROAD, BENGALURU - 560 009. …RESPONDENTS (BY SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA.,ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R- 1 AND 2 TO FIND THE MISSING ORIGINAL COURT FILE IN OS Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47098 WP No. 8341 of 2025 NO.514/2009 PENDING BEFORET HE HONBLE VII ADDL SENIOR CIVIL JUDGE AND JMFC BENGALURU RURAL BENGALURU EXPEDITIOUSLY AS POSSIBLE VIDE ANNX-C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH ORAL ORDER This writ petition has been filed seeking the following reliefs:- "A. Issue the Writ of Mandamus directing the Respondent Nod.1 and 2 to find the missing original court file in O.S. No.514/2009 pending before the Hon'ble VII Addl. Senior Civil Judge and JMFC, Bengaluru Rural, Bengaluru expeditiously as possible, vide ANNEXURE-C. B. Issue the Writ of Mandamus directing the Respondent No.1 to and 2 to initiate departmental enquiry against the concerned pending branch clerk, who had failed to comply with the order of the Trial Court, if deems fit. C. Pass such other order/s or reliefs deemed fit under the facts and circumstances of the case. 2. The petitioner is defendant in O.S. No.514/2009 pending on the files of VII Additional Senior Civil Judge and JMFC, Bengaluru Rural, Bengaluru. It appears that - 3 - HC-KAR NC: 2025:KHC:47098 WP No. 8341 of 2025 the case file has got lost and it has been reconstructed but according to the counsel for the petitioner/defendant, it has not been properly constructed and despite improper file, the Trial Court is proceeding with the suit. 3. I have considered the submissions. If the Trial Court is proceeding without proper file having all the documents, the petitioner would not be remedy less. The petitioner would be entitled to raise contentions if the decree and judgment are passed against him. 4. In view of the above, I do not find any ground to give any further direction to the Trial Court and with aforesaid liberty, the present petition sands disposed off. 5. The Trial Court should make endeavour to decide the pending suit in O.S. No.514/2009 as expeditiously as possible preferably within a period of six months in accordance with law. Sd/- (D K SINGH) JUDGE CHS,List No.: 38 Sl No.: 23