- 1 - NC: 2025:KHC:17734 WP No. 13372 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13372 OF 2025 (GM-CPC) BETWEEN: 1. SMT MYNAVATHI AGED ABOUT 55 YEARS D/O.LATE H.S.SOMEGOWDA W/O.MANJUNATH RESIDENT OF HEBBAL K.R.NAGAR TALUK MYSORE DISTRICT. 2. SMT. MANJULA AGED ABOUT 53 YEARS D/O.LATE H.S.SOMEGOWDA W/O.GOPALA, R/OF HOSKOTE VILLAGE YELAWALA HOBLI, MYSORE TALUK MYSORE DISTRICT. 3. SMT.GIRIJA AGED ABOUT 49 YEARS D/O.LATE H.S.SOMEGOWDA W/O. LATE SURESH, R/OF HOSKOTE VILLAGE YELAWAL HOBLI, MYSORE TALUK MYSORE DISTRICT. …PETITIONERS (BY SRI. T.P VIVEKANANDA., ADVOCATE) AND: 1. H S NATARAJU AGED ABOUT 51 YEARS S/O.LATE H.S.SOMEGOWDA R/OF HOSKOTE VILLAGE YELAWALA HOBLI MYSORE TALUK, MYSORE DISTRICT. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17734 WP No. 13372 of 2025 2. SMT.RAJAMMA AGED ABOUT 78 YEARS W/O.LATE H.S.SOMEGOWDA R/OF HOSKOTE VILLAGE YELAWALA HOBLI, MYSORE TALUK MYSORE DISTRICT. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE JUDGE OF PRINCIPAL SMALL CAUSES AND SENIOR CIVIL JUDGE AT MYSORE TO DISPOSE OF IA NO 7 IN FDP NO.10/2019 FILED BY THE PETITIONERS TO PUT THEM IN POSSESSION OF THE PROPERTIES IN TERMS OF THE REPORT OF THE COURT COMMISSIONER AND THE FINAL DECREE DATED 15.04.2024 IN SO FAR AS ITEM NOS. 1 AND 4 TO 7 ARE CONCERNED 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 petitioners (respondent Nos.1 to 3 in R.A.No.68/2024), seeking a direction to the Court of II Additional District and Sessions Judge, Mysuru to dispose of R.A.No.68/2024, as expeditiously as possible. - 3 - NC: 2025:KHC:17734 WP No. 13372 of 2025 2. In view of the prayer sought by the petitioners in this writ petition, service of notice to the respondents is not necessary and the same is dispensed with. 3. Respondent No.1 herein-plaintiff has filed the suit for partition and separate possession. The suit came to be decreed. Being aggrieved by the same, respondent No.1 herein preferred regular appeal i.e. R.A.No.126/2009 before the District Judge, Mysuru. The First Appellate Court by order dated 12.04.2012 dismissed the said appeal. Being aggrieved by the same, respondent No.1 has filed regular second appeal in RSA No.1940/2012 before this Court. During the pendency of the regular second appeal, petitioners have filed final decree proceedings in FDP No.10/2019 before the Principal Small Causes and Senior Civil Judge, Mysuru. This Court by order dated 07.02.2020 has dismissed the regular second appeal. Thereafter, on the basis of the preliminary decree, FDP No.10/2019 has also been disposed of 15.04.2024. Being aggrieved by the same, respondent No.1 herein has - 4 - NC: 2025:KHC:17734 WP No. 13372 of 2025 filed R.A.No.68/2024 before the District and Sessions Judge, Mysuru. Since the appeal has not yet been disposed of, the petitioners have sought a direction to the First Appellate Court for early disposal of the appeal. 4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. The First Appellate Court is directed to dispose of R.A.No.68/2024, in accordance with law, as expeditiously as possible, not later than eight months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 70