- 1 - HC-KAR CNR: KAHC010651082026 NC: 2026:KHC:54850 WP No. 29768 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29768 OF 2026 (GM-CPC) BETWEEN: 1. SRI. VERUPAKSHACHAR S/O LATE MRUTHYUNJAYACHAR @ MRUTHYUNJAYACHARI, AGED ABOUT 65 YEARS, 2. SMT. VARALAKSHMI, W/O SRI. VERUPAKSHACHAR, AGED ABOUT 48 YEARS BOTH THE PETITIONERS ARE RESIDING AT HOSAHALLI VILLAGE. SASALU HOBALI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI KALEEMULLA SHARIFF, ADVOCATE) AND: 1. SMT. C. M. SHANTHAMMA D/O LATE. MRUTHYUNJAYACHAR @ MRUTHYUNJAYACHARI, W/O NAGENDRACHAR. R.C. AGED ABOUT 56 YEARS, RESIDING AT AKKIRAMPURA VILLAGE POST, HOLAVANAHALLI HOBALI, KORATAGERE TALUK, TUMAKURU DISTRICT Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010651082026 NC: 2026:KHC:54850 WP No. 29768 of 2026 2. SMT. M. MANJULA, D/O LATE. MRUTHYUNJAYACHAR @ MRUTHYUNJAYACHARI, W/O MANJUNATHACHARI. P.B..R.C. AGED ABOUT 49 YEARS, RESIDING AT RAMANNA GARDEN, VIDYARANYAPURA POST, KORATAGERE TALUK, TUMAKURU DISTRICT …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 12.12.24 PRODUCED AT ANNX-F ON I.A. FILED UNDER SECTION 151 OF CPC AND ALSO THE ORDER DTD. 22.08.26 PRODUCED AT ANNX-M I.A. FILED UNDER SECTION 151 OF CPC PASSED BY THE LEARNED SENIOR CIVIL JUDGE, DODDABALLAPURA, BANGALORE RURAL IN FDP NO.14/2022 BY ISSUING OF WRIT OF CERTIORARI 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 MR. JUSTICE K. V. ARAVIND ORAL ORDER This petition is filed impugning the orders dated 12.12.2024 and 22.08.2026, whereby the applications seeking stay of the proceedings in FDP No.14/2022 till the disposal of Miscellaneous Petition No.37/2022 came to be rejected. - 3 - HC-KAR CNR: KAHC010651082026 NC: 2026:KHC:54850 WP No. 29768 of 2026 2. Learned counsel appearing for the petitioners submits that the petitioners could not participate in the partition suit on account of undergoing treatment for neurological ailments. It is submitted that Miscellaneous Petition No.37/2022 has been preferred seeking setting aside of the ex parte decree. It is further submitted that, if the FDP proceedings are concluded pending consideration of Miscellaneous Petition No.37/2022, the said petition would be rendered infructuous. 3. Considered the submissions made by the learned counsel for the petitioners. 4. The Trial Court noticed that an identical application seeking an identical relief had earlier been filed and came to be dismissed by order dated 12.12.2024. The order dated 22.08.2026 is the result of the second application seeking the same relief, which also came to be rejected. In view of the reasons assigned in the order dated 12.12.2024, the present petition impugns, in addition to the order dated 22.08.2026, the order dated 12.12.2024, without there being any explanation for the delay in challenging the said order. - 4 - HC-KAR CNR: KAHC010651082026 NC: 2026:KHC:54850 WP No. 29768 of 2026 5. It appears that, in view of the reasons assigned by the Trial Court while rejecting the applications by orders dated 12.12.2024 and 22.08.2026, both the orders have been impugned. Otherwise, the petitioners have no grievance against the order dated 12.12.2024. This Court finds no justification to entertain the present petition. The proper course for the petitioners would have been to pursue expeditious disposal of Miscellaneous Petition No.37/2022. Even no prayer has been made for expeditious disposal of Miscellaneous Petition No.37/2022. 6. In the facts and circumstances of the present case, and in the interest of justice, this Court finds it appropriate to direct the expeditious disposal of Miscellaneous Petition No.37/2022, preferably within an outer limit of nine months from the date of placing a copy of this order before the Trial Court. Accordingly, disposed of. Sd/- (K. V. ARAVIND) JUDGE VBS/List No.: 1 Sl No.: 51