- 1 - HC-KAR NC: 2025:KHC-D:10525 WP No. 103524 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103524 OF 2025 (GM-CPC) BETWEEN: MR MOHAMMED MAHABOOB ALI S/O. MOHAMMED LIYAKATH ALI AGE. 48 YEARS, OCC. AGRICULTURE AND BUSINESS R/O. H.NO.16.2.39/C1.C2 AKBER BAGH OCEAN THE ABM SCHOOL, MALAKPET HYDERABAD TELANGANA …PETITIONER (BY SRI. KUSHAL V. BOLMAL, ADVOCATE) AND: 1. MR VISHNUMURTHY SOMAYAJI S/O. LATE PARAMESHWARA SOMAYAJI AGE. 54 YEARS, OCC. AGRICULTURE R/O. H.NO. 2 106, PARAYAMPALLI HALLI SALIGRAM, POST VADDARSE, AJANDI 576225 TAL AND DIST. UDUPI KARNATAKA 2. MR. GOPALA SOMAYAJI S/O. LATE PARAMESHWARA SOMAYAJI AGE. 48 YEARS, OCC. AGRICULTURE, R/O. H.NO. 2 10.6/A HEMMEGUNDA PARAYAMPALLI, SALIGRAMA, POST. VADDARSE AJNADI 576225 TAL AND DIST. UDUPI KARNATAKA 3. MRS SUMITRA W/O. LATE PARAMESHWARA SOMAYAJI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10525 WP No. 103524 of 2025 AGE. 66 YEARS, OCC. AGRICULTURE, R/O. H.NO. 2 19 SULIGUNDI BELURU 576221 TAL KUNDAPURA, DIST. UDUPI KARNATAKA 4. MRS K RAMA D/O. LATE PARAMESHWARA SOMAYAJI AGE. 66 YEARS, OCC. AGRICULTURE, R/O. H.NO. 2 80 NEAR SRINIDHI COMPLEX KORAVADI, KUMBASHI-576257 TAL KUNDAPURA DIST. UDUPI KARNATAKA 5. MRS VIJAYA R D/O. LATE PARAMESHWARA SOMAYAJI AGE. 59 YEARS, OCC. AGRICULTURE, R/O. JAYAPURA 577123 TAL KOPPA DIST. CHIKKAMAGALURUM KARNATAKA. 6. MRS SARASWATI ALIAS VEENA M S/O. LATE PARAMESHWARA SOMAYAJI AGE. 58 YEARS OCC. AGRICULTURE, R/O. H.NO. 1 25 2112/2 LAKSHMI NIVAS, URVA LONG LANE ASHOK NAGAR, MANGALURU 575006 DIST. DAKSHINA KANNADA KARNATAKA 7. MRS. CHAITRA D/O. LATE PARAMESHWARA SOMAYAJI AGE. 53 YEARS, OCC. AGRICULTURE, R/O. H.NO. 2.50, KUCHCHURU 576112 TAL KARKALA, DIST. UDUPI KARNATAKA 8. MRS SUSHMA W/O. HANAMANTHAGOUDA GOUDAR AGE. 36 YEARS, OCC. AGRICULTURE, R/O. HOSAKOTI 587206 TAL BADAMI DIST. BAGALKOT KARNATAKA 9. ASHOK S/O. HANAMANTHA NEERALAKERI - 3 - HC-KAR NC: 2025:KHC-D:10525 WP No. 103524 of 2025 AGE. 53 YEARS OCC. AGRICULTURE R/O. RADDER TIMMAPURA 587206 TAL KUNDAPURA, DIST. UDAPI KARNATAKA 10. MR. HANAMANTHA S/O. VENKAPPA ARALIKATTI AGE. 45 YEARS, OCC. AGRICULTURE, R/O. LOKAPUR 587122 TAL MUDHOL, DIST BAGALKOT KARNATAKA 11. MR. KALLAPPA S/O. APPASAHEB HUNASIKATTI ALIAS NADAGOUDA AGE 52 YEARS, OCC. AGRICULTURE, R/O. METAGUDDA 587313 TAL MUDHOL, DIST. BAGALKOT KARNATAKA 12. MR. FEROZ SURI S/O. KHALEEL AHMAD SURI AGE. 47 YEARS, OCC. AGRICULTURE AND BUSINESS R/O. STAFF QUARTERS, LQ 9 GACHIBOWLI MANNU CAMPUS, SERLINGAMAPLLY RANGA REDDY 500032 DIST .TELANGANA …RESPONDENTS (NOTICE TO RESPONDENTS IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION THE HON BLE DISTRICT AND SESSION JUDGE BAGALKOT, JURISDICTION IN THE COURT SENIOR CIVIL JUDGE AND JMFC BADAMI, TO PASS NECESSARY ORDER ON 22/05/2025 INTERIM APPLICATION NO. 2 IN OS NO. 7/2025 PRODUCED VIDE ANNEXURE-E IN THE STIPULATED TIME FRAME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:10525 WP No. 103524 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction the Hon’ble District and Session Judge Bagalkot, Jurisdiction in the court Senior Civil Judge and JMFC Badami, to pass necessary order dated 22.05.2025 on Interim Application No. 2 in O.S.No.7/2025 produced vide Annexure-E in the stipulated time frame in the interest of justice and equity. b. Grant such other reliefs as deemed fit in the circumstances of the case and in the interest of justice and equity. 3. The petitioner having filed OS No.7/2025 had filed an application under Rule 1 of Order 39 of the CPC in IA No.2 therein. The trial Court not being satisfied that the averments made satisfied a prima facie case for grant of injunction had directed the issuance of the notice and suit summons to the respondents returnable by 16.06.2025. - 5 - HC-KAR NC: 2025:KHC-D:10525 WP No. 103524 of 2025 4. The submission of learned counsel for the petitioner is that the service has been affected, defendants have entered appearance. However, the application in IA No.2 has not been taken up for consideration. 5. An application under Rule (1) of Order 39 is required to be considered and disposed within period of 30 days in view of the judgment of Hon’ble Apex Court in A.Venkatasubbiah Naidu vs. S.Chellappan & Ors., reported in AIR 2000 SC 3032. 6. The defendant now having entered appearance it would be for the trial Court to consider the said application and dispose the said application in terms of the decision of the Hon’ble Apex Court in A.Venkatasubbiah Naidu vs. S.Chellappan & Ors., reported in AIR 2000 SC 3032. 7. With the above observations, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 27