- 1 - HC-KAR NC: 2025:KHC:53157 WP No. 12899 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 12899 OF 2024 (GM-CPC) BETWEEN: THE PANCHAYATH DEVELOPMENT OFFICER SARJAPURA GRAMA PANCHAYATH SARJAPURA VILLAGE, SARJAPURA HOLBI ANEKAL TALUK, BENGALURU URBAN DISTRICT, PIN - 562 125. …PETITIONER (BY SRI VIJAYA KUMAR K, ADV.) AND: 1. SRI ALTHAF S/O LATE SYED NURUDDEEN AGED ABOUT 60 YEARS R/AT NO.71, KUSHALANAGARA K.G.GALLI, BENGALURU - 560 037. REPRESENTED BY HIS GPA HOLDER SRI SRIKANTHA S/O LATE B. GANGADHAR R/A NO.4, 2ND CROSS MARATHALLI, BANGALORE - 560 037. 2. THE SUPERVISOR GOVT. PUBLIC LIBRARY SARJAPURA, ANEKAL TALUK BENGALURU URBAN DISTRICT PIN - 562 125. …RESPONDENTS (BY SRI MANJUNATH R.P, ADV., FOR R-1; NOTICE TO R-2 D/W V/O DTD 15.12.2025) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 05/03/2024 PASSED IN MISC NO. 08/2024 BY THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC AT ANEKAL, (ANNEXURE-A). Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53157 WP No. 12899 of 2024 CONSEQUENTLY, GRANT AN EX-PARTE ORDER OF STAY AS PRAYED IN IA NO. 2 (ANNEXURE-F) BY ALLOWING THIS WP. 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.08/2024 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.8/2024 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.382/2021. 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 17.08.2023 passed in O.S.No.382/2021. During the pendency of the Miscellaneous petition, the Trial Court vide order impugned has issued emergent notice on I.A.No.2 along - 3 - HC-KAR NC: 2025:KHC:53157 WP No. 12899 of 2024 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.382/2021 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.382/2021 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.8/2024 and till the disposal of the said application the interim order granted by this Court may be continued. 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.8/2024 on merits as expeditiously as possible but not - 4 - HC-KAR NC: 2025:KHC:53157 WP No. 12899 of 2024 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.8/2024 as expeditiously as possible but not later than a period of one year from the date of receipt of copy of this order. Pending applications do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 15