- 1 - HC-KAR NC: 2025:KHC:47344 WP No. 33955 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 33955 OF 2025 (GM-CPC) BETWEEN: SMT.PADMAJA S HEGDE W/O SHANKARA HEGDE AGED ABOUT 73 YEARS KRISHNA KRIPA OPP AMMANI RAMANNA SHETTY HALL VOLAKADU UDUPI TOWN DISTRICT UDUPI- 576101 …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. SMT.PRATHIMA S.SHETTY D/O LATE K ANTHAYYA SHETTY AGED ABOUT 73 YEARS R/A C15 B OPP OJAS2, MIT STAFF QUARTERS MANIPAL UDUPI DISTRICT-576119 2. SMT POORNIMA G SHERVEGAR D/O LATE K ANTHAYYA SHETTY AGED ABOUT 66 YEARS BELENJE HOUSE BELANJE KARKALA TALUK UDUPI DISTRICT- 578112 3. SMT ANURADHA S SHETTY D/O LATE K ANTHAYYA SHETTY AGED ABOUT 58 YEARS R/A AKASH NAVAGIRINAGAR POST KULAI HOSABETTU MANGALORE D K 574227 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47344 WP No. 33955 of 2025 4. SRI VENUGOPAL SHETTY S/O LASTE K ANTHAYYA SHETTY AGED ABOUT 62 YEARS R/A NO. 112 2ND FLOOR ANJANEYA TEMPLE STREET YADIYUR KANAKAPURA ROAD BANGALORE -560082 5. SRI GANESH SHETTY S/O LATE K ANTHAYYA SHETTY AGED ABOUT 60 YEARS NO. 274 CAUVERY 4TH CROSS 2ND BLOCK 2ND STAGE RAJMAHAL VILAS BANGALORE -560094 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION DIRECTING THE ADDL DISTRICT AND SESSIONS JUDGE, UDUPI (SITTING AT KUNDAPUR), KUNDAPURA TO DISPOSE OF THE APPEAL IN R.A. NO. 3/2018 (ANNEXURE-C) FORTHWITH OR WITHIN SUCH TIME FRAME AS THIS HON'BLE COURT MAY DEEM FIT. 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 the petitioner. 2. The prayer sought in the present petition is as under: - 3 - HC-KAR NC: 2025:KHC:47344 WP No. 33955 of 2025 a. Issue a writ of mandamus or any other appropriate writ, order, or direction directing the ADDL District and Sessions Judge, Udupi (sitting at Kundapur), Kundapura to dispose of the Appeal in R.A.No.3/2018 (ANNEXURE - C) forthwith or within such time frame as this Hon'ble Court may deem fit; b. Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 3. This Court does not find the need or necessity to issue notice to the respondents who are plaintiffs and co-defendants before the first appellate Court in RA No.3/2018, as this petition is filed for a direction to the learned trial Court Judge to expedite the matter. 4. The present petition is filed by defendant No.1 who is the appellant before the first appellate Court. It is the contention of learned counsel for the petitioner that he had argued the matter as appellant in the first appeal on 28.09.2020 and thereafter the matter was posted for - 4 - HC-KAR NC: 2025:KHC:47344 WP No. 33955 of 2025 judgment on 14.10.2020. Thereafter, there was a change of the presiding officer before the first appellate Court. Pursuant to which the petitioner further argued the matter before the appellate Court on 04.08.2022. Thereafter, respondents' arguments were heard on 24.08.2022 and again the matter was posted for further arguments and till date neither arguments have been addressed nor is the judgment passed. 5. Therefore, the petitioner is before this Court seeking a direction to the learned judge of the first appellate court to dispose of the matter expeditiously. In view of the fact that the petitioner already argued the matter twice and now for the second time he has argued, and since August 2022 there has been no outcome in the first appeal which does not require any evidence as the parties have not adduced evidence. It is only for arguments to be completed. The first appellate Court is required and obligated to hear the arguments of the respondents, if any, in the said appeal and pass judgment - 5 - HC-KAR NC: 2025:KHC:47344 WP No. 33955 of 2025 in a time bound manner. Accordingly, I pass the following order: ORDER The petition is allowed. 2. A direction is issued to the Additional District Judge, Udupi (Sitting at Kundapura) to dispose of the Appeal RA.No.3/2018 within a time bound manner not later than 3 months from the date of receipt of copy of the order. 3. It is needless to mention that the first appellate court shall provide opportunity within this period to the respondents to address their arguments on a fast track method basis as the first appeal is of the year 2018 and the suit is of the year 2004. 4. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 5