Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25672 WP No. 17354 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17354 OF 2025 (GM-CPC) BETWEEN:
1. SMT.VARALAKSHMI W/O CHIKKANNA D/O LATE S.V. CHIKKAPPANNA @ APPANNA AGED ABOUT 69 YEARS, RESIDING AT NO. 1055, KACHARAKANAHALLI VILLAGE, ST. THOMAS TOWN POST, BENGALURU NORTH TALUK, BENGALURU – 560 084. 2. SMT.A.MANJULA W/O R. NAGARAJA D/O LATE S.V.CHIKKAPPANNA @ APPANNA AGED ABOUT 63 YEARS, RESIDING AT GANIGARA BEEDI, CHIKKABALLAPURA TOWN AND DISTRICT, CHIKKABALLAPURA – 562 101. …PETITIONERS (BY SRI DILIP KUMAR I.S., ADVOCATE) AND:
1. SRI A.VENKATESH MURTHY S/O LATE S.V. CHIKKAPPANNA @ APPANNA AGED ABOUT 67 YEARS, RESIDING AT SULIBELE VILLAGE,
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:25672 WP No. 17354 of 2025
SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT. BENGALURU – 562 129. 2. SMT.PADMAVATHI W/O A. VENKATESH MURTHY AGED ABOUT 59 YEARS, RESIDING AT SULIBELE VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT. BENGALURU – 562 129. 3. SMT.S.V. DEEPASHRI W/O BADRISH D/O A. VENKATESH MURTHY AGED ABOUT 36 YEARS, RESIDING AT GANIGARA BEEDI. WARD NO. 11, CHIKKABALLAPURA TOWN, CHIKKABALLAPURA DISTRICT – 562 101. 4. SMT.S.V. ROOPASHRI W/O BHANU PRAKASH D/O A. VENKATESH MURTHY AGED ABOUT 33 YEARS, RESIDING AT JYOTHI NURSARY, LALBHAG SIDDAPURA, JAYANAGARA, BENGALURU – 560 011. 5. SRI S.V. KRISHNA MURTHY S/O A. VENKATESH MURTHY AGED ABOUT 30 YEARS, RESIDING AT SULIBELE VILLAGE, SULIBELE HOBLI,
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HC-KAR NC: 2025:KHC:25672 WP No. 17354 of 2025
HOSKOTE TALUK, BENGALURU RURAL DISTRICT. BENGALURU – 562 129. 6. SRI S.A. MANJUNATHA S/O LATE S.V.CHIKKAPPANNA @ APPANNA AGED ABOUT 61 YEARS, RESIDING AT SULIBELE VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT BENGALURU – 562 129. 7. SMT.MUNIGOWRAMMA @ GAYITHRI W/O S.A.MANJUNATHA AGED ABOUT 52 YEARS, RESIDING AT SULIBELE VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT BENGALURU – 562 129. 8. SRI S.M. DARSHAN S/O S.A. MANJUNATHA AGED ABOUT 32 YEARS, RESIDING AT SULIBELE VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT BENGALURU – 562 129. 9. SRI S.M. DHANUSH S/O S.A. MANJUNATHA AGED ABOUT 28 YEARS, RESIDING AT SULIBELE VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT BENGALURU – 562 129. - 4 -
HC-KAR NC: 2025:KHC:25672 WP No. 17354 of 2025
10.
SRI A.C. MUNIRAJU S/O S.A.MANJUNATHA AGED ABOUT 59 YEARS, RESIDING AT NO.2, BYRAVESHWARA NILAYA, 4TH CROSS, 3RD MAIN, SHABRINAGARA, BYATARAYANAPURA, BENGALURU NORTH TALUK, BENGALURU – 560 092. …RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE SENIOR CIVIL JUDGE AND JMFC HOSAKOTE, IN OS NO.105/2023 TO DISPOSE OF THE MATTER ON MERIT WITHIN SIX MONTHS FROM THE DATE OF THE ORDER BY THIS HONBLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioners are before this Court seeking the following prayer:
“a. Direct the Hon’ble Senior Civil Judge and JMFC, Hosakote, in O.S.No.105/2023 to dispose of the matter on merit within six months from the date of the order by this Hon’ble Court. - 5 -
HC-KAR NC: 2025:KHC:25672 WP No. 17354 of 2025
b. Pass any such other and further orders as this Hon’ble Court may deem fit and proper in the interest of justice.”
2. The petitioners are the plaintiffs institute a suit in O.S.No.1106/2016 and after its transfer to the concerned Court, it is now renumbered as O.S.No.105/2023. However, the fact remains that the suit is of the year 2016. 3. The learned counsel for the petitioners also takes this Court through the order sheet appended to the petition, which depicts umpteen number of adjournments being granted for cross-examination of PW.1, at the hands of the defendants. Be those submissions as it may. 4. The issue in the lis is not with regard to the merit of the matter. Though the suit is for partition, in terms of the guidelines of the Apex Court that the timeline should not be fixed, the suit is 9 years old and the parties to the suit are now at advancing age.
In that light, I deem it appropriate to direct the concerned Court to endeavour to conclude the proceedings within an outer limit of nine months, from the date of receipt of a copy of this order, if not earlier. - 6 -
HC-KAR NC: 2025:KHC:25672 WP No. 17354 of 2025
5. With the aforesaid observations and directions, the writ petition is allowed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 52