- 1 - HC-KAR NC: 2025:KHC:27210 WP No. 20478 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. 20478 OF 2025 (GM-CPC) BETWEEN: 1. SMT. PRAFULLA KUSUM PRABHU D/O. MR. FELIX. J. SEQUEIRA PRABHU, AGED ABOUT 58 YEARS, RESIDENT OF 23 CHERITAN AVENUE, TORONTO, ONTARIO, M4R1S3, CANADA. …PETITIONER (BY SRI. MANU K., ADVOCATE) AND: 1. MR. FELIX J SEQUEIRA PRABHU S/O. J. S. PRABHU, AGED ABOUT 97 YEARS, AT NO. 18, SARASWATHI AMMAL ROAD, MARUTHISEVANAGAR, BENGALURU - 560 033, CURRENTLY RESIDING AT BANKERS HALL 22096, CALGARY, ALBERTA, T2P4J5, CANADA. 2. MRS. VATSALA PRABHU (ALIAS VITA MARTEZ) D/O. MR. FELIX J. SEQUEIRA PRABHU, RESIDING AT CA 146, ALDRED CENTRE SAIT, MAIN CAMPUS, 1301, 16TH AVENUE NW, CALGARY, ALBERTA, T2M0LA, CANADA. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27210 WP No. 20478 of 2025 3. M/S. HOPE FOUNDATION, NGO NO. 18, NO. 18, SARASWATHI AMMAL ROAD, MARUTHISEVANAGAR, BENGALURU - 560 033, REPRESENTED BY THE BRANCH DIRECTOR, MR. MARIA JOSEPH, S/O. AROKIA SWAMY. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE HONBLE V ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU TO PASS ORDERS ON IA NO. 6 IN OS NO. 654/2018 WITHIN 1 WEEK IN ACCORDANCE WITH LAW DIRECT THE HONBLE TRIAL COURT TO DISPOSE THE OS NO.654/2018 WITHIN 1 WEEK IN ACCORDANCE WITH LAW. 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 prayer: “WHEREFORE, it is most humbly prayed that this Hon'ble court be pleased to pass the following orders: a) Issue a Writ of Mandamus directing the Hon'ble V Additional City Civil and Sessions Judge, Bengaluru to Annexure ‘E’ dated 15/7/22 pass orders on I.A. No. 6 in - 3 - HC-KAR NC: 2025:KHC:27210 WP No. 20478 of 2025 O.S. No. 654/2018 within 1 week in accordance with law and in the interest of Justice and Equity: b) Direct the Hon'ble Trial Court to dispose the O.S.No.654/2018 Annexure ‘D’ within 1 year in accordance with law and in the interest of Justice and Equity; c) Grant any other consequential reliefs, including cost of Petition, as this Hon'ble Court deems fit in the facts and circumstances of this case, in the interest of justice and equity.” 2. The petitioner - plaintiff institutes a suit in O.S.No.654/2018 seeking relief of cancellation of the registered gift deed and files an application –I.A.No.6 before the concerned Court for recasting of the issues, under Order XIV Rule 5 of the CPC on 29.09.2022. Despite lapse of 2 ½ years, the concerned Court has not answered the application. It is therefore the petitioner is before this Court. 3. In the light of the aforesaid prayer, it is surprising that the concerned Court has kept the application seeking recasting of the issues for the last 2 and a half years. Therefore, the concerned Court shall now answer the application – I.A.No.6 within 15 days from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2025:KHC:27210 WP No. 20478 of 2025 4. With the above direction, the writ petition is partly allowed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 75