- 1 - HC-KAR NC: 2025:KHC:27277 WP No. 18660 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18660 OF 2025 (GM-CPC) BETWEEN: 1. SRI. KIRAN H.D, S/O OF LATE DEVANDRAPPA AGED ABOUT 30 YEARS, 2. SMT. SUVANNA W/O LATE GANGARAJU H.T AGED ABOUT 50 YEARS, 3. SMT. SANGEETHA D/O LATE GANGARAJU H.T AGED ABOUT 28 YEARS, 4. SRI NINGEGOWDA S/O LATE THIMMEGOWDA AND LATE KEMPAMMA AGED ABOUT 46 YEARS, ALL THE PLAINTIFFS NO.1 TO 4 ARE RESIDING AT HYADALU VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, NELAMANGALA, BENGALURU RURAL DISTRICT - 562 129. …PETITIONERS (BY SRI. M.S. MOHAN, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27277 WP No. 18660 of 2025 AND: 1. SMT. KAMALLAMMA W/O LATE DEVANDRAPPA AGED ABOUT 52 YEARS, 2. HARSHA H.D S/O LATE DEVANDRAPPA, AGED ABOUT 31 YEARS, 3. SMT RAJESHWARI D/O LATE GANGARAJU H.T. AGED ABOUT 26 YEARS, 4. SMT SHYLAJA D/O LATE THIMMEGOWDA AND LATE KEMPAMMA, AGED ABOUT 55 YEARS, 5. VINAY B.T S/O LATE SUJATHA, AGED ABOUT 31 YEARS, 6. SMT. RASHMI B.T D/O LATE SUJATHA, AGED ABOUT 28 YEARS, 7. SMT BHARATHI D/O LATE THIMMEGOWDA AND LATE KEMPAMMA, AGED ABOUT 48 YEARS, 8. DHARAMA PRAKASH H.T S/O LATE THIMMEGOWDA AND LATE KEMPAMMA AGED ABOUT 45 YEARS, - 3 - HC-KAR NC: 2025:KHC:27277 WP No. 18660 of 2025 9. SMT PALAKASHI D/O LATE THIMMEGOWDA AND LATE KEMPAMMA, AGED ABOUT 44 YEARS, DEFENDANTS NO.1 TO 9 ARE RESIDING AT HYADALU VILLAGE, KASABA HOBLI, MYALANAHALLI POST, NELAMANGALA TALUK, NELAMANGALA - 562 129, BENGALURU RURAL DISTRICT. 10. SIDDAGANGAPPA, S/O SIDDARAMAIAH, AGED ABOUT 80 YEARS, RESIDING AT TRIVENI NILAYA, MYALANAHALLI VILLAGE AND POST, NELAMANGALA TALUK, NELAMANGALA, BENGALURU RURAL DISTRICT - 562 129. 11. BABU A S/O LATE K.V.ARUN RAJ, AGED ABOUT 43 YEARS, 12. SMT VANAJA W/O BABU.A AGED ABOUT 40 YEARS, BOTH DEFENDANTS NO.11 AND 12 RESIDING AT- NO.304, SLV PARADISE, 3RD FLOOR, KYALASANAHALLI, KOTHANUR POST, BENGALURU - 560 077. - 4 - HC-KAR NC: 2025:KHC:27277 WP No. 18660 of 2025 13. THE TASHILDAR NELAMANGALA TALUK, NELAMANGALA - 562 129 …RESPONDENTS (BY SRI. NEELAKANTAPPA PUJAR, HCGP FOR R13) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 21.04.2023 PASSED BY THE HONBLE I ADDL. SENIOR CIVIL JUDGE AND JMFC AT NELAMANGALA IN O.S.NO. 214/2023 VIDE ANNX-F AND ETC., 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 petitioners are before this Court seeking the following prayers: "(a) Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction by quashing the order dated 21-04-2023 passed by the Hon'ble I Addl. Senior Civil Judge & JMFC at Nelmangala, in O.S.No.214/2023 vide Annexure - F; (b) Allow the application filed by the petitioners as per IA.No.2 to 4 filed under the Order 39 Rule 1 & 2 of - 5 - HC-KAR NC: 2025:KHC:27277 WP No. 18660 of 2025 the Code of Civil Procedure respectively in O.S.No.214/2023 pending on the file of Hon'ble I Addl. Senior Civil Judge & JMFC at Nelmangala. (c) And grant such other reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity." 2. Heard Shri M.S. Mohan, learned counsel appearing for the petitioners and Shri Neelakantappa Pujar, learned High Court Government Pleader appearing for respondent No.13. 3. The learned counsel appearing for the petitioners would now restrict his submission to a direction to the concerned Court to consider the applications pending before the concerned Court in I.A.Nos.2, 3 and 4 filed under Order XXXIX Rules 1 and 2 the Code of Civil Procedure, 1908 ('the CPC' for short). 4. The submission of the learned counsel appearing for the petitioners is that even today those applications are pending and not considered, despite them being filed two and a half years ago. 5. In that light, I deem it appropriate to direct the concerned Court to hear the parties and pass necessary orders - 6 - HC-KAR NC: 2025:KHC:27277 WP No. 18660 of 2025 on the pending applications and dispose within fifteen days from the date of receipt of the copy of this order. 6. It is made clear that the Court has not considered the merit of those applications. SD/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 46 CT: BHK