Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41433 WP No. 25706 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 25706 OF 2025 (GM-CPC) BETWEEN:
1.
SRI RAMANJINAPPA, S/O RAMAIAH @ CHIKKA RAMAIAH, AGED ABOUT 58 YEARS.
2.
SRI NARAYANASWAMY, S/O RAMAIAH @ CHIKKA RAMAIAH, AGED ABOUT 56 YEARS.
BOTH ARE RESIDENTS OF THAMMENAHALLI VILLAGE, YALIYUR POST, CHANNARAYAPATTANA HOBLI, DEVANAHALI TALUK, BENGALURU RURAL DISTRICT - 562 110. …PETITIONERS (BY SRI ONKARAPPA N.D., ADVOCATE)
AND:
SMT. S. MUNIYAMMA, SINCE DEAD BY SOLE L.R.
1.
SRI RAMESH, S/O. LATE SONNAPPA, AGED ABOUT 40 YEARS, R/O. DEVISHETTIHALI VILLAGE, NANDI HOBLI, CHICKBALLAPURA TALUK AND CHICKBALLAPURA DISTRICT - 577 228.
2.
SMT. MUNILAKSHMAMMA, D/O. RAMAIAH @ CHIKKA RAMAIAH, AGED ABOUT 53 YEARS.
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:41433 WP No. 25706 of 2025
3.
SMT. MANJAMMA, S/O. LATE RAMAIAH, AGED ABOUT 49 YEARS.
4.
SMT. ANASUYAMMA, D/O. RAMAIAH @ CHIKKA RAMAIAH, AGED ABOUT 46 YEARS.
5.
SMT. MUNIYAMMA, D/O. RAMAIAH @ CHIKKA RAMAIAH, AGED ABOUT 64 YEARS.
6.
SMT. BACHAMMA, D/O. RAMAIAH @ CHIKKA RAMAIAH, AGED ABOUT 52 YEARS.
7.
SRI MADHU, S/O. SHARADAMMA, AGED ABOUT 23 YEARS.
8.
SMT. SUDHA, D/O. SHARADAMMA, AGED ABOUT 21 YEARS.
R2 TO R8 ARE RESIDENTS OF THAMMENAHALLI VILLAGE, YALIYUR POST, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK, BENGALURU DISTRICT - 562 110. …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, IN THE NATURE OF DIRECTION TO THE TRIAL COURT TO DISPOSE OF THE SUIT ON ITS MERITS AS PRAYED IN THE PLAINT WHICH IS PRODUCED AS ANNEXURE-A OF THIS WRIT PETITION TO DISPOSE OF THE SUIT AT THE EARLIEST PENDING ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, BENGALURU RURAL DSITRICT IN O.S.NO.152/2012 AND ETC.,
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HC-KAR NC: 2025:KHC:41433 WP No. 25706 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER
Heard learned counsel for petitioners. 2. This petition is filed by the petitioners-defendant Nos.1 and 2 seeking direction for speedy disposal, directing I Additional Senior Civil Judge and JMFC, Devanahalli to dispose of the suit in O.S.No.152/2012 expeditiously. 3. This Court is not inclined to issue notice to the respondents, as no adverse orders are passed against the respondents and no relief is sought against the respondents. The only relief sought by the petitioners- defendant Nos.1 and 2 in this case is for expeditious disposal of the suit. 4. The petitioners are none other than defendant Nos.1 and 2 in O.S.No.152/2012. The suit came to be filed
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HC-KAR NC: 2025:KHC:41433 WP No. 25706 of 2025
by respondent No.1-plaintiff for partition, separate possession and for other consequential relief. Presently, the suit is at the stage of recording of evidence of the plaintiff. In the meanwhile, several applications are filed by the plaintiff to protract and prolong the proceedings. 5. On the earlier occasion, the very same petitioners- defendant Nos.1 and 2 had approached this Court by filing a petition in W.P.No.3307/2024 seeking an expeditious disposal of the suit, in view of unnecessary adjournments and protracting of the proceedings by the plaintiff. The said petition came to be disposed of on 07.02.2024, whereby this Court directed the trial Court to dispose of the suit as expeditiously as possible and both the parties are directed to cooperate with the trial Court for expeditious disposal of the suit. Despite passing the order on 07.02.2024 by this Court, it appears that the suit has not progressed any further and the petitioners-defendant Nos.1 and 2 and respondent-plaintiff have not seen the
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HC-KAR NC: 2025:KHC:41433 WP No. 25706 of 2025
light of the day with regard to the culmination of the suit proceedings. 6. Admittedly, the suit is of the year 2012. Since more than thirteen years from the date of filing of the suit have passed, the outcome is yet to be reached in the said suit and the trial Court has also not adhered to the directions passed by this Court on the earlier order dated 07.02.2024 passed in W.P.No.3307/2024. 7.
Under the circumstance, considering the fact that the suit is of the year 2012 and the parties are languishing in the Court for more than thirteen years, I deem it appropriate to dispose of this petition by issuing directions. 8. Accordingly, I pass the following:
ORDER i. This petition is disposed of; ii. A direction is issued to I Additional Senior Civil Judge and JMFC, Devanahalli, Bengaluru Rural
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HC-KAR NC: 2025:KHC:41433 WP No. 25706 of 2025
District to dispose of the suit in O.S.No.*152/2012 expeditiously not later than one year from the date of receipt of a copy of this order; iii. It is made clear that this Court has not expressed any opinion on merits of the matter. Ordered accordingly.
Sd/- (PRADEEP SINGH YERUR) JUDGE
CPN List No.: 1 Sl No.: 6 CT: BK * Correction carried out as per the Court order dated 28.11.2025