- 1 - HC-KAR NC: 2025:KHC:44546 WP No. 15785 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 15785 OF 2025 (GM-CPC) BETWEEN: SMT. SHARADAMMA W/O. DODDAHONNAIAH AGED ABOUT 66 YEARS R/AT VANIGERE VILLAGE BHAKTHARAHALLI POST KOTHAGERE HOBLI KUNIGAL TALUK TUMAKURU DISTRICT - 572 132. REP. BY GPA HOLDER: SRI GOPALARAJU V.D., S/O. DODDAHONNAIAH AGED ABOUT 44 YEARS R/AT VANIGERE VILLAGE BHAKTHARAHALLI POST KOTHAGERE HOBLI KUNIGAL TALUK TUMAKURU DISTRICT - 572 132. …PETITIONER (BY SMT. SUMA T., ADVOCATE FOR SRI RAVIKUMARA B.R., ADVOCATE) AND: 1. SRI JANARDHANA B. K., S/O. KRISHNAPPA AGED ABOUT 43 YEARS 2. SMT. HONNAMMA W/O. KRISHNAPPA AGED ABOUT 68 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44546 WP No. 15785 of 2025 RESPONDENT NO.1 TO 2 ARE R/AT BHAKTHARAHALLI VILLAGE KOTHAGERE HOBLI KUNIGAL TALUK TUMAKURU DISTRICT - 572 132. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT I.E., HON'BLE ADDITIONAL CIVIL JUDGE AND JMFC KUNIGAL TO DISPOSE/PASS FINAL ORDER/JUDGEMENT IN O.S.NO.298/2019 ON MERITS WITHOUT MAKING FURTHER DELAY. 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 petitioner-plaintiff. 2. This petition is filed by the petitioner-plaintiff seeking for the following relief: "WHEREFORE, the petitioners pray that this Hon'ble Court be pleased to:- a) Issue Writ of Mandamus to or any other appropriate Writ or direction, directing the trial Court i.e., Hon'ble Addl.Civil Judge & JMFC, Kunigal to dispose/pass final order/judgment in OS.No.298/2019 on merits without making further delay - 3 - HC-KAR NC: 2025:KHC:44546 WP No. 15785 of 2025 b) Pass such other orders which this Honb'e court deems fit to pass in the circumstances of the case, with costs, in the interest of justice and equity." 3. This Court does not find any need to issue notice to the respondents, as no relief is sought against them and so also no adverse order is passed against them. The only relief that is sought in the present writ petition is to direct the Additional Civil Judge and JMFC, Kunigal to dispose of the suit in O.S. No.298/2019 expeditiously. 4. It is the contention of the learned counsel for petitioner-plaintiff that suit is of the year 2019 and the petitioner-plaintiff is in possession of the property. Initially, respondent No.2-defendant No.2 was placed ex parte. However, the petitioner-plaintiff had filed an application for production of documents, which was allowed by the trial Court. The plaintiff was cross- examined partly in the year 2021 and thereafter, it was posted for further cross-examination of PW-1 and the - 4 - HC-KAR NC: 2025:KHC:44546 WP No. 15785 of 2025 same was adjourned for nearly eight to ten times. The respondents-defendants have been protracting and prolonging the proceedings for one or other reason. Hence, the present petition is filed by the plaintiff- petitioner for expeditious disposal of the suit. 5. I have perused the contents of the writ petition and the adjournments taken by the respondents- defendants and also the time that has lapsed from the appearance of the respondents-defendants from the stage of cross-examination of PW.1. It appears that there are repeated adjournments that are taken and hence, there is a valid ground to consider the case of the petitioner- plaintiff for expeditious disposal, as the suit is of the year 2019 and more than five years have lapsed. 6. Accordingly, I pass the following: ORDER i. This petition is allowed; - 5 - HC-KAR NC: 2025:KHC:44546 WP No. 15785 of 2025 ii. The Additional Civil Judge and JMFC, Kunigal, is hereby directed to dispose of the suit in O.S.No.298/2019 expeditiously; iii. The trial Court is at liberty to impose exemplary cost on either parties for unnecessary adjournments; iv. Both parties shall cooperate in the expeditious disposal of the suit; v. It is made clear that this Court has not expressed any opinion on merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 1