- 1 - HC-KAR NC: 2025:KHC:42426 WP No. 31783 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 31783 OF 2025 (GM-CPC) BETWEEN: SMT.REHANA, W/O MUNAVAR PASHA AGED 59 YEARS R/AT HAGARE VILLAGE, MADIHALLI HOBLI BELUR TALUK HASSAN DISTRICT 573 216 …PETITIONER (BY SRI. GOVINDARAJ K..,ADVOCATE) AND 1. SAJJAN JAIN N S/O NAMERAJ JAIN AGED 53 YEARS RESIDENT OF SHRI RAMA NILAYA HAGARE CIRCLE, HAGARE VILLAGE MADIHALLI HOBLI, BELUR TALUK HASSAN DISTRICT 573 216 2. SHRI H.R. JAGDISHA, S/O H. RAMANNA AGED 49 YEARS RESIDENT OF HOLABAGERE VILLAGE MADIHALLI HOBLI, BELUR TALUK HASSAN DISTRICT- 573 216 … RESPONDENTS THIS WP IS FILED UNSER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS HEREIN NOT TO INTERFERE WITH PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULED PROPERTY Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42426 WP No. 31783 of 2025 IN OS NO. 329/2023 PENDING BEFORE COURT OF CIVIL JUDGE JUNIOR DIVISION, BELUR. THIS PETITION, COMING ON FOR PRE;IMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner/plaintiff in O.S. No.329/2023. The suit came to be filed by the plaintiff for the relief of partition and separate possession before the trial Court. The suit was filed on 20.7.2023. Alongwith the suit, I.A. No.II came to be filed under Order XXXIX Rules 1 & 2 of CPC. It is submitted by learned counsel that no orders are passed on the said application till date. 2. Be that as it may, the petitioner filed another application - I.A. No.6 on 16.6.2025 for restoration of power/electricity connection to the residential premises and the said application is also still pending and no orders are passed thereon, despite appearance of the respondents herein i.e., defendant Nos.6 and 7 and filing of objections by them. The other defendants neither appeared nor filed statement of objections and hence they are not made parties in the present - 3 - HC-KAR NC: 2025:KHC:42426 WP No. 31783 of 2025 petition. It is the submission of learned counsel for petitioner that the trial Court has not disposed of I.A. No.II filed under Order XXXIX Rules 1 and 2 of CPC for Temporary Injunction and so also on I.A. No.VI filed for restoration of the electricity supply to the residential premises. It is contended by learned counsel that the very purpose of filing the suit would be frustrated, if no relief is granted by the trial Court in the suit of this nature i.e., in the partition suit and non-passing of orders on I.A. No.VI and I.A. No.II would further frustrate the claim of petitioner. Despite electricity supply being disconnected and the application filed for restoration of power supply to the residential premises and objections also filed for the said application, the said application is kept in abeyance and no orders are passed on the said application. 3. Under the circumstances, the petitioner has come before this Court to seek indulgence of this Court for a direction to the trial Court to dispose of the applications - I.A. No.VI for restoration of power/electricity connection and I.A. No.II for Temporary Injunction, in a time bound manner. - 4 - HC-KAR NC: 2025:KHC:42426 WP No. 31783 of 2025 4. This Court does not find any need to issue notice to respondent as no adverse order is passed against the respondents. The only relief sought by the petitioner is to issue direction to the trial Court to dispose of the applications in a time bound manner. 5. There is sufficient force in the contentions putforth by learned counsel for petitioner. It is the duty and obligation of the trial Court to address the issues of serious nature like disconnection of power/electricity connection in a time bound manner. Despite electricity supply being disconnected and the application is filed for restoration of power supply to the residential premises and objections also filed for the said application, the said application is kept in abeyance and no orders are passed on the said application. The power/electricity is the basic requirement for sustenance and peaceful living in the property and non-passing of orders on I.A. No.VI would frustrate the suit of the petitioner. 6. Further, I.A. No.II was filed on 10.7.2023 and now, we are in October - 2025 and more than 2 years have lapsed and so far, orders are not passed on the said application. - 5 - HC-KAR NC: 2025:KHC:42426 WP No. 31783 of 2025 7. Under the circumstances, this Court deems it appropriate to direct the trial Court to dispose of the applications in a time bound manner. Accordingly, I pass the following: O R D E R i) The petition is allowed. ii) The Civil Judge & JMFC, Belur is directed to dispose of I.A. No.VI for restoration of power connection, within a week's time from the next date of hearing i.e., 4th November 2025. iii) The Civil Judge & JMFC, Belur is directed to dispose of I.A. No.II for Temporary Injunction, within a period of fifteen days from the next date of hearing i.e., 4th November 2025. iv) It is made clear that this Court has not expressed any opinion on merits of the matter. v) Both the parties shall cooperate for speedy disposal of the applications. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 39