- 1 - HC-KAR NC: 2025:KHC:35102 WP No. 20312 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20312 OF 2025 (GM-CPC) BETWEEN: SMT. NALINAKSHI W/O. G.M. APPAJIGOWDA S AGED ABOUT 67 YEARS, RESIDENT OF HALEGABBADI VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGAR DISTRICT - 561 201. …PETITIONER (BY SRI. N.R. NAIK, ADVOCATE) AND: 1. SRI. SUNDAR T S/O. THAMMAIAH AGED ABOUT 61 YEARS, 2. SRI. JAYANNA.T S/O. THAMMAIAH AGED ABOUT 56 YEARS, RESPONDENTS 1 AND 2 ARE RESIDING AT NO.348, 2ND CROSS, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35102 WP No. 20312 of 2025 AYYANNASHETTY LAYOUT, BYATARAYANAPURA, BENGALURU - 560 026. 3. SMT. SAROJA W/O. SUNDAR.T AGED ABOUT 55 YEARS, RESIDENT OF KAGGALAHALLI VILLAGE, KANAKAPURA TALUK, HAROHALLI HOBLI, RAMANAGAR DISTRICT - 561 201. 4. SMT. K.M. VIJAYALAKSHMI W/O. JAYANNA T AGED ABOUT 48 YEARS, KANAKAPURA TALUK, RESIDENT OF KAGGALAHALLI VILLAGE, HAROHALLI HOBLI, RAMANAGAR DISTRICT - 561 201. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT OF DISPOSE OFF THE APPLICATION FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 1 AND 2 OF CPC WHICH IS I.A. NO.1 IN O.S.NO. 457/2023 ON THE FILE OF SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU VIDE ANNX-B AND ETC., - 3 - HC-KAR NC: 2025:KHC:35102 WP No. 20312 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) To issue of writ of mandamus directing the Trial Court to dispose-off the application filed by the petitioner under order XXXIX Rule 1 and 2 of CPC which is I.A.No.1 in O.S.No.457/2023 on the file of Senior Civil Judge, Bengaluru Rural District at Bengaluru; vide Annexure - B. b) Call for records and grant such other relief/s deems fit by this Hon'ble court, in the interest of justice and equity." 2. The learned counsel appearing for the petitioner submits though the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 ('the CPC' for short) was preferred along with the suit so filed. The said application has not merited consideration at the hands of the concerned court, even as on date. 3. In that light, I deem it appropriate to dispose the petition, with a direction to the concerned court to dispose the - 4 - HC-KAR NC: 2025:KHC:35102 WP No. 20312 of 2025 pending application under Order XXXIX Rule 1 and 2 of the CPC, within an outer limit of four weeks, if not already disposed, in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 25 CT: BHK