Allowed¶82

M Kaleem Ahmed v. Mariyanna

Karnataka HC4 Nov 2025WP/35675/2024

Case brief

AI extract

What is this about?

Speedy disposal of interlocutory application; direction to trial Court to decide IA.No.2 under Order VII Rule 11(d) r/w Section 151 CPC in O.S.No.219/2022; Article 227 writ (GM-CPC); application pending since past one year; heard and posted for orders on 27.10.2023 and 14.06.2025 without orders; Karnataka High Court at Bengaluru; Hon'ble Mr. Justice Pradeep Singh Yerur; WP No. 35675 of 2024; petitioners are defendants, respondents are plaintiffs; Challakere / Molakalmuru Itinerary Court; writ allowed; orders within two weeks; no notice issued as no adverse orders against respondents.

What did the court decide?

Direction to the Itinerary Senior Civil Judge and JMFC, Molakalmuru to pass orders on IA.No.2 (Order VII Rule 11(d) r/w Section 151 CPC) in O.S.No.219/2022 within two weeks from the date of receipt of a copy of the order. ¶82

M Kaleem Ahmed Vs Mariyanna — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the trial Court (Itinerary Senior Civil Judge and JMFC, Molakalmuru) should be directed, under Article 227, to dispose of IA.No.2 filed under Order VII Rule 11(d) read with Section 151 of CPC in O.S.No.219/2022, which remained undisposed despite hearing and posting for orders, within a reasonable period.

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Court's answer

Both sides had addressed arguments on the application under Order VII Rule 11(d) of CPC and the matter was posted for orders on 14.06.2025, yet no orders were passed; the matter therefore calls for interference by this Court in the form of a direction.

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Ratio / Principle

The writ petition is allowed; the Itinerary Senior Civil Judge and JMFC, Molakalmuru is directed to pass orders on IA.No.2 filed under Order VII Rule 11(d) read with Section 151 of CPC in O.S.No.219/2022 within two weeks from the date of receipt of a copy of the order.

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Key takeaways

Notice to the respondents was dispensed with, as no adverse orders were being passed against them.obiter¶70

Detailed headnote1 paragraphs

Writ petition under Article 227 of the Constitution by defendants in O.S.No.219/2022 (suit filed by respondents-plaintiffs before the Senior Civil Judge and JMFC, Challakere and made over to the Itinerary Court, Molakalmuru) seeking a direction to the trial Court to dispose of IA.No.2 filed under Order VII Rule 11(d) read with Section 151 of CPC. The application had been heard, objections filed, and the matter posted for orders (per the prayer, on 27.10.2023, and later on 14.06.2025), yet no orders were passed, the application remaining pending for about one year. Noting that both sides had addressed arguments and that non-disposal persisted despite posting for orders on 14.06.2025, the High Court (Pradeep Singh Yerur, J.) held the matter called for interference by way of direction, allowed the petition without notice to the respondents (no adverse orders being contemplated against them), and directed the Itinerary Senior Civil Judge and JMFC, Molakalmuru to pass orders on IA.No.2 within two weeks from receipt of a copy of the order.

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NC: 2025:KHC:44506 WP No. 35675 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF NOVEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.35675 OF 2024 (GM-CPC)

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BETWEEN:

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M.KALEEM AHMED

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S/O.LATE ABDUL HYE AGED ABOUT 60 YEARS R/AT NAGASAMUDRA VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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M. RAFEEQ AHMED S/O.LATE ABDUL HYE AGED ABOUT 45 YEARS R/AT NAGASAMUDRA VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

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Location: HIGH COURT OF KARNATAKA

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M.HABEEB UR RAHMAN S/O.LATE ABDUL HYE AGED ABOUT 72 YEARS R/AT MUBARAK MUHALLA MOLAKALMURU TOWN MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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M.SALEEM AHMED S/O.LATE ABDUL HYE AGED ABOUT 65 YEARS

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R/AT NAGASAMUDRA VILLAGE MOLAKALMURU TALUK

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CHITRADURGA DISTRICT-577 535

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&PETITIONERS

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(BY SRI MD.ABRAR S., ADVOCATE)

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2 - NC: 2025:KHC:44506 WP No. 35675 of 2024

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HC-KAR

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AND:

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MARIYANNA

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S/O.LATE AJJAPPA AGED ABOUT 75 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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APPANNI S/O.LATE AJJAPPA AGED ABOUT 75 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK

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CHITRADURGA DISTRICT-577 535

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NAGENDRAPPA S/O.LATE AJJAPPA AGED ABOUT 65 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK

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CHITRADURGA DISTRICT-577 535

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MARAPARAMESHWARAPPA S/O.LATE NAGABHUSHANAPPA AGED ABOUT 68 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK

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CHITRADURGA DISTRICT-577 535

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THIMMAPPA S/O.LATE NAGABHUSHANAPPA AGED ABOUT 50 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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NAGAMMA W/O.LATE NAGABHUSHANAPPA AGED ABOUT 75 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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3 - NC: 2025:KHC:44506 WP No. 35675 of 2024

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HC-KAR

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RATNAMMA

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W/O.LATE RAJANNA AGED ABOUT 52 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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VANAJAKSHI W/O.LATE MEGHANATH AGED ABOUT 45 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK

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CHITRADURGA DISTRICT-577 535

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PRATHIMA W/O.HARISH AGED ABOUT 43 YEARS SADHANA POULTRY FARM BHAIRAPURA MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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NAGAPPA S/O.LATE MARIYAPPA AGED ABOUT 70 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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THIPPAKKA W/O.GANGANNA AGED ABOUT 65 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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NAGAMMA W/O.NAGANNA AGED ABOUT 70 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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4 - NC: 2025:KHC:44506 WP No. 35675 of 2024

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HC-KAR

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13. KOLLAMMA

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W/O.LATE CHANNABASAPPA AGED ABOUT 75 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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NAGARAJAPPA

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S/O.LATE UDUMARIYAPPA AGED ABOUT 75 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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JAYAPPA S/O.LATE UDUMARIYAPPA AGED ABOUT 70 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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M.BASAVARAJ S/O.LATE UDUMARIYAPPA AGED ABOUT 62 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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KRISHNAPPA S/O.LATE UDUMARIYAPPA AGED ABOUT 60 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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HANUMAKKA W/O.LATE SHIVANNA AGED ABOUT 58 YEARS R/AT GUDDADA HALLI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535

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5 - NC: 2025:KHC:44506 WP No. 35675 of 2024

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HC-KAR

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KENCHAKKA

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W/O.GANGADHAR S/O.GIDDA NAGAPPA AGED ABOUT 48 YEARS R/AT ANDRAL VILLAGE BALLARI TALUK & DISTRICT-583 101

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&RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT VIZ., ITINERARY SENIOR CIVIL JUDGE AND JMFC, CHALAKERE IN O.S.NO.219/2022 TO DISPOSE OF IA.NO.2 FILED UNDER ORDER VII RULE 11(d) READ WITH SECTION 151 OF CPC ON 27.10.2023, WHICH WAS HEARD AND THE MATTER WAS POSTED FOR ORDERS ON IA, WITHIN A REASONABLE PERIOD AS IA.NO.2 IS PENDING CONSIDERATION SINCE PAST ONE YEAR VIDE ANNEXURE-F.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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Heard learned counsel for petitioner.

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The prayer sought in this petition by the

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petitioners, who are defendants before the trial Court is as

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follows:

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"i. May pleased be issue Order or directing the trail court viz., Hon'ble Itinerary Senior Civil Judge and JMFC, Chalakere, in O.S. No. 219/2022 to dispose of IA No. 2 U/or VII Rule 11(d) R/w. sec 151 was heard and

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6 - NC: 2025:KHC:44506 WP No. 35675 of 2024

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HC-KAR

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matter was posted for orders on I.A. on 27-10-2023 within a reasonable period as the I.A. NO. 2 is pending consideration since past 1 year, in the interest of justice and equity. [Annexure-'F'];

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ii. Issue any other appropriate Writ or Order or Direction which deems fit to pass, by this Hon'ble Court under the facts and circumstances of the Case."

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This Court does not find any need or necessity to

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issue notice to the respondents as no adverse orders is

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passed against the respondents.

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The respondents-plaintiffs have filed a suit before

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the Senior Civil Judge and JMFC, Challakere, which is registered and thereafter made over the case to the Itinerary Court, Molakalmuru. In the said suit, the petitioners-defendants filed an application under Order VII Rule 11(d) of CPC, the matter was posted for objections to

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the said application, and the same was also filed. Thereafter, the matter was heard in detail and posted for

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7 - NC: 2025:KHC:44506 WP No. 35675 of 2024

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HC-KAR

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orders on 14.06.2025. However, no orders have been

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passed on the said application. Hence, the petitionersdefendants are before this Court seeking a direction to the trial Court to dispose of the said application as early as possible.

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It appears that the petitioners-defendants and the respondents-plaintiffs have addressed their arguments on the application filed under Order VII Rule 11(d) of CPC. Despite hearing both sides and posting the matter for orders on 14.06.2025, no orders are passed. Therefore, the matter calls for interference in the form of diretion. Accordingly, I pass the following:

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ORDER

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i) This Writ Petition is allowed;

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ii) The Itinerary Senior Civil Judge and JMFC, Molakalmuru is directed to pass orders on IA.No.2 filed under Order VII Rule 11(d) read with Section 151 of CPC in O.S.No.219/2022 within a period of

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NC: 2025:KHC:44506 WP No. 35675 of 2024

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HC-KAR

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two weeks from the date of receipt of a copy of

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this order;

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iii) Ordered accordingly.

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