- 1 - HC-KAR NC: 2025:KHC:42423 WP No. 31642 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.31642 OF 2025 (GM-CPC) BETWEEN: SRI MUSTAFA KADTHIKAR S/O MOHAMMED ALI AGED ABOUT 42 YEARS R/AT MANSOOR MANZIL JARIG BAILU, NALA NYAYATHARPU VILLAGE BELTHANGADY DAKSHNA KANNADA 574 214 …PETITIONER (BY SRI. SACHIN B S.,ADVOCATE) AND: SMT. NEBISA W/O ABBAS AGED ABOUT 57 YEARS KEDUVADKA HOUSE, KABAKA VILLAGE PUTTURU DAKSHINA KANNADA 574 201 … RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF RTHE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE COURT OF PRL.CIVIL JUDGE AND JMFC AT PUTTUR TO DISPOSE THE IA.NO.5 INCLUDING SUIT PROCEEDINGS IN O.S.NO.303/2021 AS EXPEDITIOUSLY AS POSSIBLE AS PER ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42423 WP No. 31642 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner. 2. This Court does not find any need to issue notice to the respondent as no relief is sought against him and so also no adverse order is passed against him. The only relief that is sought in the present writ petition is to direct the learned Prl. Civil Judge & JMFC, Puttur to dispose of I.A. No.5 including suit proceedings in O.S. No.303/2021 as expeditiously as possible. 3. It is the contention of learned counsel for petitioner/plaintiff that petitioner/plaintiff filed a suit for the relief of eviction of respondent/defendant by way of ejectment. During the pendency of the suit, petitioner filed I.A. No.5 under Order VII Rule 2 of CPC for rejecting the counter-claim, on 13.09.2023. The respondent filed counter to I.A. No.5. Till date, the trial Court has not disposed of I.A. No.5 including proceedings in the suit. Therefore, learned counsel seeks to allow the petition. 4. I have perused the petition papers and considered the submissions of learned counsel for petitioner. - 3 - HC-KAR NC: 2025:KHC:42423 WP No. 31642 of 2025 5. It is not in dispute that petitioner/plaintiff filed a suit for the relief of eviction of defendant by way of ejectment in the year 2021. During the pendency of the suit, petitioner filed I.A. No.5 under Order VII Rule 2 of CPC for rejecting the counter-claim on 13.09.2023 and the respondent/defendant filed counter to I.A.5. Till date, the trial Court has not disposed of I.A. No.5 including proceedings in the suit. Under the circumstances, this Court deems it appropriate to pass the following: O R D E R i) The petition is allowed. ii) The Prl. Civil Judge & JMFC, Puttur is hereby directed to dispose of I.A. No.V including suit proceedings in O.S. No.303/2021 as expeditiously as possible. iii) It is made clear that this Court has not expressed any opinion on merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 36