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Manjunath & Ors vs Chikkathayamma & Ors

Karnataka High Court, Principal Bench · Decided on 5 February 2026 · Citation: (2026) 02 KAR CK 0265

HON’BLE JUDGES
S.R. Krishna Kumar, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 1314 Of 2026 (GM-CPC)

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Judgment

7 paragraphs · 261 words

S.R. Krishna Kumar, J

1.

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 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.