- 1 - HC-KAR NC: 2026:KHC:6692 WP No. 1314 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.1314 OF 2026 (GM-CPC) BETWEEN: 1. SRI. MANJUNATH S/O LATE CHINNAPPA, AGED ABOUT 57 YEARS, R/AT CHANDAPURA HOBLI, ANEKAL TALUK, BENGALURU – 562 106 2. SRI. SHIVAKUMAR, S/O LATE CHINNAPPA, AGED ABOUT 59 YEARS, R/AT CHANDAPURA HOBLI, ANEKAL TALUK, BENGALURU – 562 106 …PETITIONERS (BY SMT. BRUNDHA G., FOR SRI. RAMESHA T. R., ADVOCATE) AND: 1. SMT. CHIKKATHAYAMMA, D/O LATE BAIRAPPA, W/O. HANUMANTHARAYAPPA, AGED ABOUT 60 YEARS, R/AT NO.34, MAGADI MAIN ROAD, OPP. TO GOVERNMENT SCHOOL, BILEKALU, BYADARAHALLI, BENGALURU – 560 091 2. SMT. GANGAMMA, D/O LATE BAIRAPPA, W/O NAGARAJU, AGED ABOUT 54 YEARS, R/AT NO. 12-A, VADERAHALLI, MATHAHALLI, BENGALURU NORTH TALUK, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6692 WP No. 1314 of 2026 BENGALURU – 562 123 3. SMT. NAGARATHNAMMA, D/O LATE DYAVAPPA, W/O KRISHNAPPA, AGED ABOUT 50 YEARS, R/AT NO.41, GIDADOKONA HALLI, VISHWANEEDAM POST, BENGALURU NORTH TALUK, BENGALURU – 562 123 4. SMT. HANUMAKKA, D/O LATE DYAVAPPA, W/O ARASEGOWDA, AGED ABOUT 44 YEARS, R/AT NO.69, MAGADI MAIN ROAD, DASANAPURA HOBLI, KADABAGERE, BENGALURU NORTH TALUK, BENGALURU – 562 123 5. SMT.CHIKKAMMA, W/O LATE BAIRAPPA, AGED ABOUT 80 YEARS, R/AT KANNALI GRAMA, KODIGEHALLI PANCHAYATH, NEAR GOVERNMENT SCHOOL, BENGALURU – 560 091 6. SRI. MUNIRAJU K. B., S/O LATE BAIRAPPA, AGED ABOUT 80 YEARS, R/AT KANNALI GRAMA, KODIGEHALLI GRAMA PANCHAYATH, NEAR GOVERNMENT SCHOOL, BENGALURU – 560 091 7. SMT. ERAMMA, W/O LATE DYAVAPPA, AGED ABOUT 76 YEARS, R/AT KANNALI GRAMA, KODIGEHALLI GRAMA PANCHAYATH, NEAR MILK DAIRY, BENGALURU – 560 091 - 3 - HC-KAR NC: 2026:KHC:6692 WP No. 1314 of 2026 8. SMT. CHIKKANNA, S/O LATE DYAVAPPA, AGED ABOUT 46 YEARS, R/AT KANNALI GRAMA, KODIGEHALLI GRAMA PANCHAYATH, NEAR MILK DAIRY, BENGALURU – 560 091 9. SMT. GANGAMMA, W/O LATE YALLAPPA, AGED ABOUT 70 YEARS, R/AT KANNALI GRAMA, KODIGEHALLI GRAMA PANCHAYATH, NEAR MILK DAIRY, BENGALURU – 560 091 10. SRI. MOHAN KUMAR, S/O LATE YALLAPPA, AGED ABOUT 37 YEARS, R/AT KANNALI GRAMA, KODIGEHALLI GRAMA PANCHAYATH, NEAR MILK DAIRY, BENGALURU – 560 091 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR DIRECTION DIRECTING THE HON'BLE III ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU, TO HEAR AND DECIDE THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONERS HEREIN UNDER ORDER VII RULE 11 (A) AND (D) OF CPC FILED ON 05.02.2025 IN I.A.NO.4 IN O.S NO.609/2025, TO DECIDE THE SAME WITHIN A SPECIFIC TIME FRAME, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:6692 WP No. 1314 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “i. Issue an order or direction directing the Hon’ble III Addl. Senior Civil Judge, Bengaluru Rural District at Bengaluru, to hear and decide the Interlocutory Application filed by the Petitioners herein Under Order VII Rule 11(a) and (d) of CPC filed on 05.02.2025 in I.A.No.4 in O.S.No.609/2025, to decide the same within a specific time frame, in the interest of justice and equity. ii. Grant such other and further reliefs as are just even including the costs of this petition in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and perused the material on record. 3. A perusal of the material on record will indicate that as long back as on 05.02.2025, the petitioners who are defendant Nos.7 and 8 in the suit have filed an application under Order VII Rule 11 (a) and (d) of CPC seeking rejection of the plaint and the said application having not been disposed of by the Trial Court even till today and the suit being posted before the Trial Court on - 5 - HC-KAR NC: 2026:KHC:6692 WP No. 1314 of 2026 10.02.2026, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of the petition by directing the Trial Court to dispose of the application filed by the petitioner under Order VII Rule 11(a) and (d) of CPC, in accordance with law, after hearing both sides, within a period of one month from 10.02.2026. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 12