- 1 - HC-KAR NC: 2026:KHC:6450 WP No. 16167 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.16167 OF 2025 (GM-CPC) BETWEEN: SRI NARENDRA KUMAR S B, AGED ABOUT 42 YEARS, S/O BASAVARAJU S G, R/AT SITAKALLU VILLAGE, URDEGERE HOBLI-572 140, TUMAKURU TALUK AND DISTRICT. …PETITIONER (BY SRI LINGARAJU K.S, ADVOCATE) AND: 1. SRI. MALLIKARJUNA A, AGED ABOUT 43 YEARS, SON OF LATE ALE GOWDA, R/AT CHELUR VILLAGE, CHELUR HOBLI-572 107, GUBBI TALUK TUMAKURU DISTRICT. 2. SREE BHYRAVESHWARA SHAKARA BANK, NIYAMITHA, S.S PURAM, MAIN ROAD, TUMAKURU-572 102, REP. BY ITS AUTHORIZED OFFICER, SRI S HARISH BABU, S/O SRI SRINIVAS, AGED ABOUT 45 YEARS. …RESPONDENTS (BY SRI N JAGADISH BALIGA , ADVOCATE FOR R-1; SRI B.S MAHENDRA, ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO CONSIDERED I.A.NO.I FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC IN O.S. NO.293/2024 ON THE FILE OF THE CIVIL JUDGE AND JMFC, GUBBI PRODUCED AT ANNEXURE –B AND ETC., Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6450 WP No. 16167 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks for the following reliefs: “i) Issue writ of mandamus or any other Writ or direction to the Trial Court to considered I.A No. I filed under Order XXXIX Rule 1 and 2 of CPC in O.S No. 293/2024 on the file of the Civil Judge and JMFC, Gubbi produced at Annexure-B. ii) Grant such other and further reliefs deems fit under the circumstances of the case including the cost, in the interests of justice and equity.” 2. As can be seen from the reliefs sought for by the petitioner, the limited grievance of the petitioner is that the application i.e., I.A.No.1 filed by the petitioner has not been disposed of by the trial Court and the suit is posted on 19.02.2026. 3. On 09.06.2025, this Court passed the following interim order: “Issue Emergent notice to respondents. Petitioner is at liberty to serve on the learned counsel who represents the respondents-defendants in the trial proceedings and file an acknowledgment of such service. - 3 - HC-KAR NC: 2026:KHC:6450 WP No. 16167 of 2025 List this matter on 27.06.2025. Till such time parties to maintain status quo as prayed for.” 4. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition directing the trial Court to pass appropriate orders on IA.No.1 within a period of 15 days from 19.02.2026. 5. Further the interim order dated 09.06.2025 shall continue to remain in force and operate between the parties till disposal of IA.No.1 by the trial Court. It is, however, made clear that the trial Court shall pass appropriate orders on IA.No.1 without being influenced by the findings and observations recorded in the aforesaid interim order or the present order. 6. All rival contentions between the parties are kept open and no opinion is expressed on the merits/demerits of the rival contentions. Accordingly, writ petition is disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE PB List No.: 1 Sl No.: 4