Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:24019 WP No. 4391 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4391 OF 2026 (GM-CPC) BETWEEN:
SRI. RAGHU, S/O LATE K MANI AGED ABOUT 58 YEARS, RESIDING AT NO.81, CHOKKASANDRA COLONY, T. DASARAHALLI, BENGALURU 560 057
…PETITIONER (BY SRI. CHAITANYA S G.,ADVOCATE)
AND:
1.
SMT. JAYAMMA W/O JAVARAIAH MAJOR, R/O NO.42, 5TH CROSS, 5TH MAIN ROAD, M. DASARAHALLI, BANGALORE 560 057.
2.
SMT. VARALAKSHMI W/O. K MURTHY D/O. LATE MANI.K AGED ABOUT 49 YEARS RESIDING AT NO.81, CHOKKASANDRA COLONY, T. DASARAHALLI, BENGALURU 560 057.
3.
SRI. RANGASWAMY S/O GUDDAIAH AGED ABOUT 55 YEARS
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:24019 WP No. 4391 of 2026
R/AT NO. 236, 1ST MAIN 3RD CROSS, SHIVANAGAR, (SHIVANAHALLI) RAJAJINAGAR, BENGALURU 560010 …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO DIRECT THE COURT OF THE CITY CIVIL JUDGE (CCH-8), BENGALURU TO DISPOSE OF THE APPLICATION FILED BY THE PETITIONER UNDER ORDER VII RULE 11(A) AND (D) R/W
ORDER XXIII RULE 3A OF CPC IN O.S. NO. 4151/2024 PRODUCED AS ANNEXURE-E EXPEDITIOUSLY AND WITHIN A TIME FRAME FIXED BY THIS HON’BLE COURT, BEFORE PROCEEDING WITH ANY OTHER INTERLOCUTORY APPLICATIONS, INCLUDING THE APPLICATION UNDER ORDER I RULE 10(2) FILED ON 06.09.2025 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER In this writ petition, the petitioner has sought the following reliefs:
"i) Issue a writ of mandamus or any other appropriate writ,
order or direction directing the Court of the City Civil Judge (CCH-8), Bengaluru to dispose of the application filed by the Petitioner under Order VII Rule 11(a) and (d) R/w Order XXIII Rule 3A of CPC of O.S.No.4151/2024 produced as Annexure E expeditiously and within a time frame fixed by this Hon'ble Court, before proceeding with any other interlocutory applications, including the application under
Order I Rule 10(2) filed on 06.09.2025; ii) Grant such other and further relief as this Hon'ble Court deems fit in the interest of justice and equity."
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HC-KAR NC: 2026:KHC:24019 WP No. 4391 of 2026
2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit.
3. The plaintiff filed a suit in O.S.No.4151/2024 before the XI Addl. City Civil and Sessions Judge, Bengaluru (for short ‘Trial Court’) seeking for relief of declaration and injunction. Along with the suit, plaintiff has filed I.A. under Order VII Rule 11(a) and (d) Read with
Order XXIII Rule 3A of CPC for rejection of plaint. Learned counsel for the petitioner submits that both the parties have appeared and have been heard on I.A. So far, no
order has been passed on I.A. Therefore, the present writ petition is filed seeking for early disposal of the said application.
4. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial
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HC-KAR NC: 2026:KHC:24019 WP No. 4391 of 2026
Court to dispose of the application as expeditiously as possible.
5. Accordingly, the following order is passed:
ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the application in accordance with law and as expeditiously as possible, not later than 20.06.2026 from the date of receipt of certified copy of this order. c) Parties are directed to co-operate for early disposal of the application.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
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