Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:18406 WP No. 10469 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10469 OF 2026 (GM-CPC)
BETWEEN:
1.
M/S VINAYAKA TRAVELS A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, 1932 HAVING ITS OFFICE AT 872/E GROUND FLOOR, ROAD TO MICHAELPALYA NEAR SAPNA BOOK HOUSE HAL III STAGE, BANGALORE - 560075.
REP. BY ITS PARTNER SHRI. R. VIJAYAKUMAR.
2.
SHRI. R. VIJAYAKUMAR S/O LATE SHRI. RATHINAM CHETTIAR AGED ABOUT 66 YEARS R/AT NO. 153, SHREE GANESH VILLA 4TH 'C' CROSS, KASTURINAGAR BANGALORE -560043.
3.
SHRI. D.S.P. REDDY S/O LATE SHRI D. D. REDDY AGED ABOUT 64 YEARS R/AT NO. 2780, 18TH A MAIN ROAD HAL II STAGE, BANGALORE – 560008. …PETITIONERS (BY SRI. VACHAN H U., ADVOCATE) AND:
1.
SMT. SIVAGAMI N WIFE OF LATE SHRI ANUP KUMAR DEY
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:18406 WP No. 10469 of 2026
MAJOR R/AT NO. 39/2, AISHWARYA 3RD CROSS, DEVASANDRA K.R. PURAM, BANGALORE-560036
ALSO AT NO. 788, 3RD FLOOR, 3RD MAIN ROAD BHOOMI REDDY COLONY GEETHANJALI LAYOUT THIPPASANDRA, BANGALORE-560075.
2.
SHRI. ANISH DEY S/O LATE MR. ANUP KUMAR DEY MAJOR R/AT FLAT NO. 002, SAI TRANQUIL APARTMENT NO. 414, 4TH C MAIN OMBR LAYOUT, BANASWADI BANGALORE-560043. …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER DIRECTION, DIRECTING THE LEARNED III ADDL. SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT AT BENGALURU RURAL TO CONSIDER AND DISPOSE OF THE INTERLOCUTORY APPLICATION (IA NO.2) (ANNEXURE-B) FILED BY THE RESPONDENTS UNDER ORDER VII RULE 11 READ WITH SECTION 151 OF CPC, 1908 IN OS NO.1145/2024 WITHIN A FIXED AND REASONABLE TIME AS MAY BE DEEMED FIT BY THIS HON’BLE COURT 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
- 3 -
HC-KAR NC: 2026:KHC:18406 WP No. 10469 of 2026
ORAL ORDER This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, seeking the following relief:
“Issue a writ of mandamus or any other appropriate writ, order, direction directing the learned III Additional Senior Civil Judge, Bengaluru Rural District, at Bengaluru Rural to consider and dispose of the interlocutory application (IA No.2) (Annexure-B) filed by the respondents under Order VII Rule 11 r/w. Section 151 of the Code of Civil Procedure, 1908 in O.S.No.1145/2024 within a fixed and reasonable time as may be deemed fit by this Hon’ble Court.”
2. For the sake of convenience, parties are referred to as per their ranking before the trial court.
3. The plaintiffs filed a suit in O.S.No.1145/2024 for recovery of money. After service of summons, defendants have filed IA No.2 under Order VII Rule 11(d) r/w. Section 151 of the Code of Civil Procedure for rejection of the plaint. Till today, no order has been passed on the said application. For one or the other reason, the matter is
- 4 -
HC-KAR NC: 2026:KHC:18406 WP No. 10469 of 2026
being adjourned. Therefore, the learned counsel for the petitioners seeks for early disposal of the said application.
4. In view of the above, without expressing any opinion on the merits of the case, this writ petition stands
disposed of directing the trial court to dispose of the IA No.2 filed by the respondents/defendants under Order VII Rule 11(d) r/w. Section 151 of CPC in O.S.No.1145/2024 as expeditiously as possible, not later than three months from the date of receipt of a certified copy of this order, unless there is any stay granted by any other court of law.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM LIST NO.: 1 SL NO.: 28