Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33515 WP No. 20104 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20104 OF 2026 (GM-CPC) BETWEEN:
SRI SHIVAGONDA ANNAPPA KULLOLLI S/O ANNAPPA CHANNAMALLAPPA KULLOLLI, AGED ABOUT 81 YEARS, R/O MALABAD VILLAGE, ATHANI TALUK, BELGAUM DISTRICT - 591 212
REPRESENTED BY HIS GPA HOLDER, SRI BABU P C, AGED ABOUT 45 YEARS, S/O SRI CHOCO P M , RESIDING AT NO. 334, DODDAKANNELLI, SARJAPURA ROAD, BANGALORE - 560 035 …PETITIONER (BY SRI. NARASIMHARAJU, ADVOCATE) AND:
1.
SRI DHANARAJ S/O LATE A VEERABHADRAIAH, AGED ABOUT 63 YEARS, R/O NO. E296, NEAR ESHWARA TEMPLE, DOMMASANDRA VILLAGE AND POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU - 562 125
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:33515 WP No. 20104 of 2026
2.
SRI BHARATH D S/O SRI D V DHANARAJ, AGED ABOUT 32 YEARS, R/O NO.E296, NEAR ESHWARA TEMPLE, DOMMASANDRA, VILLAGE AND POST, SARJAPRUA HOBLI, ANEKAL TALUK, BENGALURU - 562 125
3.
SMT BHAVYA D D/O SRI DHANARAJ, W/O SRI SANTHOSH, AGED ABOUT 34 YEARS, R/O NO. 464, NEAR DOMMASANDRA LAKE, DOMMASANDRA VILLAGE AND POST, BENGALURU - 562 125 …RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SENIOR CIVIL JUDGE AND JMFC AT ANEKAL TO DISPOSE OF THE APPLICATION FILED BY THE R-3 UNDER ORDER 39 RULE 1 AND 2 OF CPC AND FILED BY THE PETITIONER UNDER UNDER
ORDER 39 RULE 4 OF CPC AS EXPEDITIOUSLY POSSIBLE BY VIRTURE OF ORDER 39 RULE 3(a) OF CPC AT THE RATE OF WITHIN 30 DAYS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2026:KHC:33515 WP No. 20104 of 2026
ORAL ORDER The writ petition is filed seeking the following prayer: ”a) Issue "WRIT OF MANDAMUS" directing the Senior Civil Judge and J.M.F.C. at Anekal to dispose of the application filed by the Respondent No.3 under order 39 Rule 1 and 2 of CPC and filed by the petitioner under under order 39 Rule 4 of CPC as expeditiously possible by virtue of order 39 Rule 3(a) of CPC at the rate of within 30 days in O.S.No. 1748/2025 in the Interest of Justice & Equity ans b) Grant such other reliefs which deems fit under the facts and circumstances of the case."
2.
Learned counsel appearing for the petitioner submits that the plaintiff has obtained ad-interim injunction on 09.12.2025, restraining the defendants from creating a third- party right and immediately, the petitioner/defendant has entered appearance and filed his objections, the written statement and also an application for vacating. However, till date, the trial Court has continuously extended the interim
order without hearing the I.A or passing final orders on it.
3. Considering the submission of the learned counsel for the petitioner, this Court is passing the following:
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HC-KAR NC: 2026:KHC:33515 WP No. 20104 of 2026
ORDER i. Accordingly, the writ petition is disposed of, directing the trial Court to consider IA No.1/2025 within a period of 15 days from the date of receipt of the copy of this order. ii. Pending I.As if any, in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
BH List No.: 1 Sl No.: 28