- 1 - HC-KAR NC: 2025:KHC:49335 WP No. 3932 of 2022 C/W WP No. 3901 of 2022 WP No. 4017 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 3932 OF 2022 (GM-CPC) C/W WRIT PETITION NoS. 3901 OF 2022, 4017 OF 2022 (GM-CPC) IN WP No. 3932/2022: BETWEEN: SRI M.E. CHENGAPPA S/O M.S. ERAPPA AGED ABOUT 66 YEARS R/AT ALURU SIDDAPURA VILLAGE, SHANIVARASANTE HOBLI SOMWARPET TALUK KODAGU DISTRICT - 571 235. …PETITIONER (BY SRI RAJASHEKAR S, ADV.) AND: SMT. MAINA @ RAINA W/O LATE SRI K.K. SUBRAMANI AGED ABOUT 61 YEARS R/AT CLUB ROAD SOMWARPET TOWN SOMWARPET TALUK KODAGU DISTRICT - 571 236. …RESPONDENT THIS WP IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.12.2021 PASSED ON I.A.NO.2 IN RA NO.13/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AT SOMAWARPET REJECTING THE APPLICATION FILED BY THE PETITIONER UNDER ORDER XXXIX RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE VIDE ANNEXURE-A. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49335 WP No. 3932 of 2022 C/W WP No. 3901 of 2022 WP No. 4017 of 2022 IN WP NO. 3901/2022: BETWEEN: 1. SRI M.E. DODDAIAH S/O M.S. ERAPPA AGED ABOUT 65 YEARS R/AT ALURU SIDDAPURA VILLAGE SHANIVARASANTE HOBLI SOMWARPET TALUK KODAGU DISTRICT - 571 235. 2. SRI M.E. POOVAIAH @ SOMAIAH S/O M.S. ERAPPA AGED ABOUT 57 YEARS R/AT ALURU SIDDAPURA VILLAGE, SHANIVARASANTE HOBLI SOMWARPET TALUK KODAGU DISTRICT - 571 235. ...PETITIONERS (BY SRI RAJASHEKAR S, ADV.) AND: SMT. MAINA @ RAINA W/O LATE SRI K.K. SUBRAMANI AGED ABOUT 61 YEARS R/AT CLUB ROAD SOMWARPET TALUK SOMWARPET TOWN KODAGU DISTRICT - 571 236. ...RESPONDENT (BY SRI PRADYUMNA L, ADV., FOR SRI SUNDARA RAMAN M.V, ADV.) THIS W.P. FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.13.12.2021 PASSED ON IA NO.2 IN R.A.NO.12/2021 ON THE FILE OF THE SR CIVIL JUDGE AT SOMAWARPET REJECTING THE APPLICATION FILED BY THE PETITIONER UNDER ORDER XXXIX RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE VIDE ANNEXURE-A. - 3 - HC-KAR NC: 2025:KHC:49335 WP No. 3932 of 2022 C/W WP No. 3901 of 2022 WP No. 4017 of 2022 IN WP NO.4017/2022: BETWEEN: SRI M E NANJAPPA @ THIMMAIAH S/O. M S ERAPPA R/AT ALURU, SIDDAPURA VILLAGE SHANIVARASANTE HOBLI SOMWARPT TALUK KODAGU DISTRICT - 571 235. ...PETITIONER (BY SRI RAJASHEKAR S, ADV.) AND: SMT. MAINA @ RAINA W/O LATE SRI K.K. SUBRAMANI R/AT CLUB ROAD SOMWARPET TOWN SOMWARPET TALUK KODAGU DISTRICT - 571 236. ...RESPONDENT (BY SRI PRADYUMNA L, ADV., FOR SRI SUNDARA RAMAN M.V, ADV) THIS WP IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.12.2021 PASSED ON IA NO.2 IN RA.NO.14/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AT SOMWARPET REJECTING THE APPLICATION FILED BY THE PETITIONER UNDER ORDER XXXIX RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE, VIDE ANNEXURE-A. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 4 - HC-KAR NC: 2025:KHC:49335 WP No. 3932 of 2022 C/W WP No. 3901 of 2022 WP No. 4017 of 2022 ORAL ORDER 1. Learned counsel for the petitioner submits that the regular appeals namely R.A.No.12 of 2021, R.A.No.13 of 2021 and R.A.No.14 of 2021, out of which these writ petitions arise, are at the stage of addressing final arguments. Without adverting to the merits of these writ petitions, the petitions may be disposed of directing the first appellate Court to dispose of the aforesaid regular appeals within a time frame and till then the order of status quo which is operating in these writ petitions for the last more than 3 years may be continued. 2. Learned counsel for the respondent does not oppose the said prayer made by the learned counsel for the petitioner. 3. Perusal of the material on record would go to show that the petitioner herein had filed three separate suits in O.S.No.131 of 2010, 132 of 2010 and 133 of 2010 before the jurisdictional civil Court, which were dismissed and as against the judgment and decree passed in the aforesaid three suits, three separate regular appeals in R.A.No.12 of 2021, 13 of 2021 and 14 of 2021 were filed before the first appellate Court - 5 - HC-KAR NC: 2025:KHC:49335 WP No. 3932 of 2022 C/W WP No. 3901 of 2022 WP No. 4017 of 2022 and in the said appeals, an application under Order 39 Rule 1 and 2 of CPC was filed, which was rejected by the first appellate Court vide the order impugned. Aggrieved by the same, the petitioner is before this Court in these three petitions. 4. It is not in dispute that the regular appeals are now at the stage of addressing final arguments on merits. This Court while issuing emergent notice to the respondent in these petitions has directed the parties to maintain status quo in respect of suit schedule properties and for the last more than 3 years the said order of status quo is operating in the present writ petitions. 5. Under the circumstances, I am of the opinion that these writ petitions needs to be disposed of as per the prayer made by the parties. 6. Accordingly, the following:- ORDER - 6 - HC-KAR NC: 2025:KHC:49335 WP No. 3932 of 2022 C/W WP No. 3901 of 2022 WP No. 4017 of 2022 (i) Writ petitions are disposed of with a direction to the first appellate Court to dispose of R.A.No.12 of 2021, R.A.No.13 of 2021 and R.A.No.14 of 2021 as expeditiously as possible but not later than a period of three months from the date of receipt of copy of this order. (ii) The order of status quo passed by this Court in these petitions shall continue till disposal of the aforesaid three appeals by the first appellate Court. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 47