- 1 - HC-KAR NC: 2025:KHC:46006 WP No. 32469 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 32469 OF 2025 (GM-CPC) BETWEEN: 1. SAKAMMA D/O. LATE ERARAIAH W/O. AMASAIAH AED ABOUT 70 YEARS R/AT NYGERE VILLAGE KASABA HOBLI ANKANAYAKANAHALLI POST KASABA HOBLI ARAKALAGUD TALUK HASSAN DIST. - 573 201. 2. RANGAMMA W/O. PUTTASWAMY AGED ABOUT 45 YEARS R/AT ADAGURU VILLAGE A. CHOLANAHALLI POST KASABA HOBLI CHANNARAYAPATTANA TALUK HASSAN DIST. - 573 201. 3. DHARMARAJ, S/O. LATE MUTTAIAH AGED ABOUT 53 YEARS R/AT HUCCHANAKOPPALU VILLAGE KASABA HOBLI HOLENARASIPURA TALUK HASSAN DIST. - 573 201. 4. MEENAKSHI Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46006 WP No. 32469 of 2025 D/O. SANNAMANJAIAH W/O. LATE MANJAYAIAH AGED ABOUT 42 YEARS R/AT VADDARAHALLI VILLAGE BICHANAHALLI POST HALEKOTE HOBLI HOLENARSIPURA TALUK HASSAN DIST. - 573 201. 5. SANNA @ SANNAIAH S/O. LATE RANGAIAH AGED ABOUT 60 YEARS R/AT NYGERE VILLAGE ANKANAYAKANAHALLI POST KASABA HOBLI ARAKALAGUDU TALUK HASSAN DIST. - 573 201. …PETITIONERS (BY SRI GIRISH B. BALADARE., ADVOCATE) AND: 1. NAGESHA S/O. LATE CHANNAPPA AGED ABOUT 52 YEARS R/AT HUCCHANAKOPPALU VILLAGE KASABA HOBLI HOLENARASIPURA TALUK HASSAN DIST. - 573 201. 2. PARAMESHA S/O. LATE CHANNAPPA AGED ABOUT 54 YEARS R/AT HUCHANAKOPPALU VILLAGE KASABA HOBLI HOLENARASIPURA TALUK HASSAN DIST. - 573201. 3. SAVITHRAMMA D/O. LATE ERAIAH W/O. HARADURAIAH - 3 - HC-KAR NC: 2025:KHC:46006 WP No. 32469 of 2025 AGED ABOUT 68 YEARS R/AT ULIVALA VILLAGE SINGAPURA POST KASABA HOBLI HOLENARASIPURA TALUK HASSAN DIST. - 573 201. 4. DEVAMMA D/O. LATE ERAIAH AGED ABOUT 64 YEARS R/AT ULIVALA VILLAGE SINGAPURA POST KASABA HOBLI HOLENARASIPURA TALUK HASSAN DIST. - 573 201. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTIONS TO THE HON'BLE ADDITIONAL CIVIL JUDGE AND JMFC AT HOLENARASIPURA, HASSAN DISTRICT IN O.S.NO.124/2025 TO DISPOSE THE APPLICATIONS FILED UNDER ORDER XXXIX RULES 1 AND 2 OF CPC, WHICH IS PENDING BEFORE THE HON'BLE ADDITIONAL CIVIL JUDGE AND JMFC AT HOLENARASIPURA AS PER ANNEXURE-M IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:46006 WP No. 32469 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner. 2. This petition is filed by the petitioners - defendant Nos.2, 5, 6, 7 and 8 seeking following reliefs: "Wherefore the petitioner respectfully prayed that this Hon'ble court may be pleased to a) Issue writ of mandamus or any other appropriate writ, directions to the Hon'ble Additional Civil Judge and JMFC at Holenarasipura, Hassan Dist in O.S.124/2025 to dispose the applications filed under order 39 rule 1 and 2 of CPC which is pending before the Hon'ble Additional Civil Judge and JMFC at Holenarasipura as per Annexure-M in the interest of justice and equity. b) Grant such others relief's as this Hon'ble court deems fir in the facts and circumstances of the case in the interest of justice and equity." - 5 - HC-KAR NC: 2025:KHC:46006 WP No. 32469 of 2025 3. This Court does not find any need to issue notice to the respondents as no relief is sought against them and so also no adverse order is passed against them. The only relief that is sought in the present writ petition is to direct the Additional Civil Judge and JMFC, Holenarasipura to dispose of the application filed under Order XXXIX Rules 1 and 2 of CPC in O.S. No.124/2025 expeditiously. 4. It is the contention of learned counsel for petitioners that suit came to be filed on 10.03.2025 for declaration and Permanent Injunction. Along with the plaint, respondent No.1-plaintiff filed IA.No.I under Order XXXIX Rule 3 of CPC seeking to dispense the issuance of prior notice against the defendants and the same is allowed by the trial Court. He also filed IA.No.II under Order XXXIX Rules 1 and 2 of CPC to restrain the defendants not to sell, lease or alienate the suit schedule properties to others until the judgment of the suit by way of temporary injunction, but the trial Court had issued emergent notice on IA.No.II and suit summons to the - 6 - HC-KAR NC: 2025:KHC:46006 WP No. 32469 of 2025 defendants. The plaintiff and other defendants are taking time for one or the other reason without addressing arguments on the said interim application. Hence, petitioners are before this Court for a direction to the trial Court to dispose of the application expeditiously. 5. Order XXXIX Rule 3A of CPC contemplates disposal of the application within thirty (30) days. The plaintiff has prolonged the matter more than a year. The trial Court has also not passed orders on the said application yet. Under the circumstances, it is obligatory on the part of the trial Court to dispose of the application on merits after hearing both parties and not to prolong the matter. 6. In view of the above, having regard to the provisions of Order XXXIX Rule 3A of CPC, this Court deems it appropriate to direct the trial Court to dispose of I.A. filed Order XXXIX Rules 1 and 2 of CPC expeditiously. - 7 - HC-KAR NC: 2025:KHC:46006 WP No. 32469 of 2025 7. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) A direction is issued to the Additional Civil Judge & JMFC, Holenarasipura to dispose of I.A.No.II filed under Order XXXIX Rules 1 and 2 of CPC in O.S. No.124/2025 within a period of thirty days from the date of receipt of copy of this order; iii) This Court has not expressed any opinion on merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 43