- 1 - HC-KAR NC: 2025:KHC:52953 WP No. 12878 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 12878 OF 2024 (GM-CPC) BETWEEN: 1. THE PANCHAYATH DEVELOPMENT OFFICER, SARJAPURA GRAMA PANCHAYATH, SARJAPURA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, PIN - 562 125. …PETITIONER (BY SRI. VIJAYA KUMAR K, ADVOCATE) AND: 1. SRI ALTHAF, S/O. LATE SYED NURUDDEEN, AGED ABOUT 60 YEARS, R/AT NO. 71, KUSHALANAGARA, K.G. GALLI, BENGALURU-560037, REPRESENTED BY HIS GPA HOLDER, SRI. SRIKANTHA, S/O. LATE B. GANGADHAR, R/AT NO. 4, 2ND CROSS, MARATHALLI, BANGALORE - 560 037. 2. THE REVENUE INSPECTOR, NAADAKACHERI, SARJAPURA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, PIN - 562 125. …RESPONDENTS (BY SRI. MANJUNATH R P, ADVOCATE) Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52953 WP No. 12878 of 2024 THIS WP IS FILED UNDER ATICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO SET ASIDE THE ORDER DATED 05/03/2024 PASSED IN MISC NO. 09/2024 BY THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC AT ANEKAL, (ANNEXURE-A), CONSEQUENTLY, GRANT AN EX- PARTE ORDER OF STAY AS PRAYED IN IA NO. 2, (ANNEXURE-F) BY ALLOWING THIS WP AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This writ petition is filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 05.03.2024 passed on I.A.No.2 in Misc.No.9/2024 by the Court of Principal Civil Judge and JMFC, Anekal. 2. Heard the learned counsel for the parties. 3. Petitioner herein has filed Misc.No.9/2024 before the Court of Principal Civil Judge and JMFC, Anekal under order 9 Rule 13 read with Section 151 of CPC with a prayer to set aside the exparte judgment and decree passed in O.S.No.384/2021. In the said proceedings I.A.No.2 was filed under section 151 of CPC with a prayer to stay the exparte judgment and decree dated - 3 - HC-KAR NC: 2025:KHC:52953 WP No. 12878 of 2024 31.08.2023 passed in O.S.No.384/2021. During the pendency of the Miscellaneous petition, the Trial Court vide order impugned has issued emergent notice on I.A.No.2 along with the suit summons to the respondent. Aggrieved by the said order petitioner is before this Court. 4. Learned Counsel for the petitioner submits that decree passed in O.S.No.384/2021 is a executable decree and pending disposal of Miscellaneous petition if the same is not stayed, the decree holder is likely to execute the decree. He submits that this Court while issuing emergent notice to the respondents herein has stayed the judgment and decree passed in O.S.No.384/2021 and the said interim order is in operation as on this date. 5. Learned counsel for the contesting respondents submits that the Trial Court may be directed to dispose of I.A.No.2 filed in Misc.No.9/2024 and till the disposal of the said application the interim order granted by this Court may be continued. - 4 - HC-KAR NC: 2025:KHC:52953 WP No. 12878 of 2024 6. Submission made on both sides is placed on record. 7. Accordingly, this writ petition is disposed of, directing the Trial Court to dispose of I.A.No.2 filed in Misc.No.9/2024 on merits as expeditiously as possible but not later than a period of two months from the date of receipt of copy of this order. Interim order granted by this Court on 07.05.2024 shall continue to operate till I.A.No.2 is disposed of by the Trial Court. 8. It is needless to state that the Trial Court shall also make endeavors to dispose of Misc.No.9/2024 as expeditiously as possible but not later than a period of one year from the date of receipt of copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 10