- 1 - HC-KAR NC: 2025:KHC:49267 WP No. 35003 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 35003 OF 2025 (GM-CPC) BETWEEN: 1. SMT RUKMINI W/O LATE CHIKKABOLAPPA, AGED ABOUT 63 YEARS 2. SRI NARAYANASWAMY, S/O LATE CHIKKABOLAPPA, AGED ABOUT 42 YEARS 3. SRI SURESH, S/O LATE CHIKKABOLAPPA, AGED ABOUT 40 YEARS ALL THE PETITIONERS ARE R/OF NO.151, PATEL LANE, KODIHALLI, HAL 2ND STAGE, BENGALURU-560 008. …PETITIONERS (BY SRI. A M VIJAY, ADV.) AND: 1. SRI.S.MANJAPPA S/O SRI SEENAPPA, AGED ABOUT 50 YEARS, RESIDENT OF NO.201/2, VENKATESHAPPA LAYOUT, BALAGERE MAIN ROAD, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49267 WP No. 35003 of 2025 VARTHUR VILLAGE AND HOBLI, BENGALURU EAST TALUK-560087. 2. SRI K.P MANJUNATHA REDDY, S/O SRI PILLA REDDY, AGED ABOUT 56 YEARS, RESIDENT OF KUGUR POST, KAMMANAHALLI VILLAGE, SARJAPUR HOBLI, ANEKAL TALUK, BENGALURU DISTRICT -562125. 3. SRI R. VENKATESH REDDY, S/O SRI DODDARAMAIAH REDDY, AGED ABOUT 52 YEARS, NO.157, THUBARAHALLI VILLAGE, RAMAGONDANAHALLI POST, VARTHUR HOBLI, BENGALURU EAST TALUK-560066. 4. SRI K.P. NAGESH S/O PILLA REDDY, AGED ABOUT 52 YEARS, RESIDENT OF KAMANAHALLI VILLAGE, KUGUR POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562125. …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE TRIAL COURT TO EXPEDITIOUSLY DISPOSE OF THE SUIT IN OS NO.1559/2017, DEPENDING ON THE FILE OF THE LEARNED 3RD ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, AT BANGALORE, PREFERABLY WITHIN A PERIOD OF 6 MONTHS FROM THE DATE OF DISPOSAL OF THE PRESENT PETITION. 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:49267 WP No. 35003 of 2025 ORAL ORDER Heard learned counsel for the petitioners. 2. The prayer sought in the petition is as under: “(a) Issue a writ of mandamus directing the trial Court to expeditiously dispose of the Suit in O.S.No.1559/2017, pending on the file of the learned III Additional Senior Civil Judge, Bengaluru Rural District at Bengaluru, preferably within a period of 6 months from the date of disposal of the present petition. (b) Grant such other relief or reliefs that this Hon’ble Court deems fit, in the interest of justice and equity.” 3. Petitioners are plaintiffs before the trial Court in O.S.No.1559/2017. The respondents/defendants are stated to be unnecessarily prolonging and protracting the proceedings. It is submitted that cross-examination of P.W.1 was elaborately done with clear intent to delay and protract the proceedings. Defendants No.2 to 4 cross-examined P.W.1 in part on 15.11.2023 and 16.02.2024 after which they sought several adjournments to cross-examine P.W.1. - 4 - HC-KAR NC: 2025:KHC:49267 WP No. 35003 of 2025 Pursuant to which, the trial Court took the cross-examination of P.W.1 as NIL and several dates thereafter was granted to commence the evidence of defendants. In fact, the trial Court even took the evidence of defendants as NIL as no attempt was made by the defendants to lead their evidence and posted the matter for arguments. In the meanwhile, the defendants submitted that they would settle the matter and prolonged the matter further and now the first defendant has filed the written statement which is accepted by the trial Court. Therefore, learned counsel for the plaintiffs/ petitioners submits that the said tactics and pattern are adopted by the defendants with a deliberate intent to prolong the proceedings. The suit is of the year 2017 and the plaintiffs are unable to see the light of the day with regard to culmination of the suit proceedings. Hence he has filed the present petition for a direction to the trial Court for expeditious disposal of the suit. 4. This Court is not inclined to issue notice to the defendants/respondents, as this Court is of the opinion that a direction is required to be given to the trial Court to - 5 - HC-KAR NC: 2025:KHC:49267 WP No. 35003 of 2025 expedite the matter, as the suit is of the year 2017, more than 9 years have been elapsed. Hence, the suit instituted has not seen any progress, as desired. Under these circumstances, I pass the following: ORDER The petition is allowed. Learned III Additional Senior Civil Judge, Bangalore Rural District is hereby directed to dispose of the O.S.No.1559/2017 expeditiously, within an outer limit of one year from the date of receipt of a copy of this order. The trial Court shall impose exemplary costs on the party, seeking unnecessary adjournment to protract the proceedings. Sd/- (PRADEEP SINGH YERUR) JUDGE MPK CT:bms List No.: 1 Sl No.: 12