- 1 - HC-KAR NC: 2025:KHC:39674 WP No. 27456 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.27456 OF 2025 (GM-CPC) BETWEEN: SMT. PUSHPA.S D/O GANGAMMA & SHIVALINGAIAH, AGED ABOUT 42 YEARS R/O MADANAYAKANAHALLI VILLAGE DASANAPURA HOBLI BENGALURU - 562 162 …PETITIONER (BY SRI. THYAGARAJ.M., ADVOCATE) AND: 1. SMT. NAGARATHNAMMA W/O RAJANNA AGED ABOUT 73 YEARS R/O KOLUR, ANTRAHALLI POST KASABA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 203. 2. SMT. LALITHAMMA W/O LATE SHIVAMALLAIAH @ SHIVANNA AGED ABOUT 70 YEARS 3. NAGENDRA S/O LATE SHIVAMALLAIAH @ SHIVANNA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39674 WP No. 27456 of 2025 AGED ABOUT 40 YEARS 4. GOWRAMMA D/O LATE SHIVAMALLAIAH @ SHIVANNA AGED ABOUT 36 YEARS 5. PRASHANTH.K.S S/O LATE SHIVAMALLAIAH @ SHIVANNA, AGED ABOUT 32 YEARS RESPONDENT Nos.2 to 5 ARE R/O KEREGUDDADAHALLI CHIKKABANAVARA POST YASHWANTHPURA HOBLI BENGALURU-560 090 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) BY WAY OF A WRIT OF WRIT OF MANDAMUS OR CERTIORARI VE ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER, FIXING A TIME LIMIT FOR DISPOSAL OF O.S.NO. 1567/2014, PENDING ON THE FILE OF THE 1 ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, AT BENGALURU, PREFERABLY WITHIN A PERIOD OF THREE MONTHS OR SUCH TIME AS THIS HON'BLE COURT DEEMS FIT, SO AS TO PREVENT FURTHER MISCARRIAGE OF JUSTICE AND FURTHER ALLOW THE PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 3 - HC-KAR NC: 2025:KHC:39674 WP No. 27456 of 2025 ORAL ORDER Heard Sri. Thyagaraj.M., learned counsel for the petitioner. 2. This Court does not find the need to issue notice to the respondents for the reason that no relief against the respondents is sought by the petitioner, the only relief sought by the petitioner is to dispose of the O.S.No.1567/2014 on the file of the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, expeditiously. 3. The petitioner is none other than defendant No.5 in O.S.No.1567/2014. The respondent No.1 is plaintiff who filed the suit for partition of the suit schedule properties for relief of 1/3rd share and other consequential reliefs. Since the matter was being prolonged, the plaintiff filed a petition before this Court in W.P.No.15450/2023 for expeditious disposal of O.S.No.1567/2014. The same was allowed by order dated 01.08.2023. Despite which the matter is still pending before the trial Court for one reason or the other and the parties are dragging on the matter unnecessarily with deliberate intention to prolong and protract the proceedings. Despite the order - 4 - HC-KAR NC: 2025:KHC:39674 WP No. 27456 of 2025 passed by this Court on 01.08.2023, the matter has not seen light of the day of culmination. The grievance of the petitioner is that defendant Nos.1 to 4 before the trial Court are deliberately protracting the proceedings. The stage of the case presently is for recording evidence of defendant Nos.1 to 4 and cross-examination of D.W.1 is completed by the plaintiff. 4. Under the circumstances, as the matter is of the year 2014, I deem it appropriate that the matter requires to be disposed of expeditiously. Hence, I pass the following: ORDER (i) The petition is allowed; (ii) A direction is issued to the learned I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru to dispose of the matter expeditiously on priority and impose exemplary cost on the parties for unnecessarily seeking adjournment and protracting the proceedings. (iii) In view of the fact that the stage of the proceedings is for recording of evidence of - 5 - HC-KAR NC: 2025:KHC:39674 WP No. 27456 of 2025 defendant Nos.1 to 4, the trial Court is requested to dispose of the matter preferably within a period of eight months from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE SMJ List No.: 1 Sl No.: 37