- 1 - NC: 2025:KHC:17965 WP No. 13144 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13144 OF 2025 (GM-CPC) BETWEEN: SMT.K.PADMAJA W/O. LATE. BIPIN GOPALAKRISHNA AGED ABOUT 56 YEARS R/A NO.3 (A), 15TH MAIN 15TH BLOCK, 6TH SECTOR HSR LAYOUT, BENGALURU-560034 …PETITIONER (BY SRI. SARAVANA S., ADVOCATE) AND: 1. SMT.SULOCHANAMMA D/O. LATE HONNAGIRI SHETTY W/O. LATE LAKSHMINARAYANA SHETTY AGED ABOUT 84 YEARS R/A NO.12/14, VANIAR STREET HOSUR TOWN, KRISHNAGIRI DISTRICT TAMILNADU – 635109. 2. SRI.T. RAMESH S/O.LATE THIMMARAYASHETTY AGED ABOUT 60 YEARS 3. SRI T. RAJASHEKAR @ BABU S/O LATE THIMMARAYASHETTY AGED ABOUT 54 YEARS R2 & R3 R/O. NO. 12/13 AND 12/13-3 VANIAR STREET, HOSUR TOWN KRISHNAGIRI DISTRICT TAMILNADU – 635109. 4. SRI.D.SUBBARAYA SHETTY S/O.LATE DODDABETTAIAH SHETTY Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17965 WP No. 13144 of 2025 AGED ABOUT 87 YEARS 5. SMT. MANJULA W/O. LATE GOPALA SHETTY AGED ABOUT 58 YEARS 6. SRI. G.MURALIKRISHNA S/O. LATE GOPLASHETTY AGED ABOUT 39 YEARS 7. SMT.G.SHEWATA D/O. LATE SUBBARAYA SHETTY AGED ABOUT 37 YEARS 8. SRI.A.S.SHANKARASHETTY S/O.D.SUBBARAYA SHETTY AGED ABOUT 64 YEARS 9. SRI.S.RAGHU S/O.D. SUBBARAYA SHETTY AGED ABOUT 64 YEARS 10. SMT. BHAGYALAKSHMI D/O.D.SUBBARAYA SHETTY W/O. NARAYANASHETTY AGED ABOUT 52 YEARS R4 TO R10 ARE R/O SADARA BEEDHI ATTIBELE VILLAGE AND POST ATTIBELE HOBLI, ANEKAL TALUK BANGALORE-562106. 11. SMT.K.RADHA, W/O.SRI.Y.R.K.MURTHY AGED ABOUT 78 YEARS R/O.NO.1373, 32ND CROSS 4TH T BLOCK, JAYANAGAR BANGALORE – 560041. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE OF MANDAMUS DIRECTING THE 2ND ADDL. SENIOR CIVIL JUDGE AND JMFC ANEKAL BANGALORE - 3 - NC: 2025:KHC:17965 WP No. 13144 of 2025 RURAL /PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AND ADDL. SENIOR CIVIL JUDGE ANEKAL BANGALORE RURAL DISTRICT FOR EARLY DISPOSAL OF THE I.A.NO.1 AND 2 IN R.A.NO.38/2022 WITHIN A TIME PERIOD STIPULATED BY THIS HONBLE COURT IN THE ENDS OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner (appellant in R.A.No.38/2022), seeking for the following prayers: “a) Issue a writ of appropriate nature of Mandamus directing the 2nd Addl Senior Civil Judge & JMFC Anekal Bangalore Rural/Principal Senior Civil Judge & JMFC and Addl. Senior Civil Judge Anekal Bangalore Rural District for early disposal of the I.A.No.1 & 2 in R.A.No.38/2022 within a time period stipulated by this Honble Court in the ends of justice; b) Pass such other order or orders or direction as deemed fit, in the facts and circumstances of the case, and in aid of the main relief sought for, in the interest of justice and equity.” 2. In view of the prayer sought by the petitioner in this writ petition, service of notice to the respondents is not necessary and the same is dispensed with. - 4 - NC: 2025:KHC:17965 WP No. 13144 of 2025 3. The plaintiff–respondent No.1 herein had filed a suit for partition and separate possession, which came to be decreed on 21.10.2013. Being aggrieved by the said judgment and decree, the petitioner herein preferred a regular appeal, i.e., R.A.No.38/2022, before the Principal Senior Civil Judge and CJM, Bengaluru Rural District, Anekal (hereinafter referred to as the ‘First Appellate Court’). Along with the appeal, the petitioner filed I.A.No.I under Section 5 of the Limitation Act, 1963 and I.A.No.II under Order XLI Rule 5 read with Section 151 of the CPC on 05.12.2022, seeking condonation of delay in filing the appeal and stay of the judgment and decree dated 21.10.2013 passed by the Additional Civil Judge and JMFC, Bengaluru Rural District, Anekal, in O.S.No.33/2010, respectively. Since no order has been passed by the First Appellate Court on the said applications, the petitioner has approached this Court. 4. Learned counsel for the petitioner submits that since the plaintiff, who is the only contesting party, has been - 5 - NC: 2025:KHC:17965 WP No. 13144 of 2025 served before the First Appellate Court, no order has been passed on the applications. Hence, he prays for early disposal of the said applications. 5. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 6. The First Appellate Court is directed to dispose of I.A.No.I under Section 5 of the Limitation Act, 1963 and I.A.No.II under Order XLI Rule 5 read with Section 151 of CPC, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 47