- 1 - HC-KAR NC: 2025:KHC:49066 WP No. 35072 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 35072 OF 2025 (GM-CPC) BETWEEN: 1. SRI H VENKATASWAMY SON OF LATE HANUMANTHAPPA, AGED ABOUT 67 YEARS 2. SRI. CHIRANJIVI, SON OF SRI. VENKATASWAMY, AGED ABOUT 32 YEARS PETITIONERS 1 AND 2 ARE RESIDENTS OF ALAMBADI VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563160. …PETITIONERS (BY SRI. C SHANKAR REDDY.,ADVOCATE) AND: 1. SMT. NARAYANAMMA WIFE OF LATE VENKATASWAMY, AGED ABOUT 66 YEARS 2. SMT. MUNILAKSHMAMMA, DAUGHTER OF LATE VENKATASWAMY, AGED ABOUT 49 YEARS 3. SRI. SRINIVASA, SON OF LATE VENKATASWAMY, AGED ABOUT 46 YEARS 4. SRI. RATHNAPPA, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49066 WP No. 35072 of 2025 SON OF LATE VENKATASWAMY, AGED ABOUT 41 YEARS 5. SRI. RAJAPPA, SON OF LATE GURAPPA, AGED ABOUT 42 YEARS 6. SRI. LAKSHMINARAYANA, SON OF LATE GURAPPA, AGED ABOUT 39 YEARS RESPONDENTS 1 TO 6 ARE RESIDENTS OF ALAMBADI VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563160. 7. SRI. H. MUNIYAPPA, SON OF LATE HANUMANTHAPPA, AGED ABOUT 80 YEARS 8. SRI. H. MANJUNATHA, SON OF SRI. H. MUNIYAPPA, AGED ABOUT 34 YEARS RESPONDENTS 7 AND 8 ARE RESIDING AT MARUTHI NILAYA, REDDY CHOULTRY ROAD, MARUTHI EXTENSION, MALUR TOWN, MALUR-563130. 9. SMT. GULLAMMA, DAUGHTER OF LATE HANUMANTHAPPA MAJOR IN AGE 10. SMT. LAKSHMAMMA, DAUGHTER OF LATE HANUMANTHAPPA, MAJOR IN AGE 11. SMT. VENKATAMMA, - 3 - HC-KAR NC: 2025:KHC:49066 WP No. 35072 of 2025 DAUGHTER OF LATE HANUMANTHAPPA, MAJOR IN AGE RESPONDENTS 9 TO 11 ARE RESIDENTS OF ALAMBADI VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563160. 12. THE SPECIAL LAND ACQUISTION OFFICER, INDIAN NATIONAL HIGHWAY AUTHORITY, 207, HIGHWAY EXPRESS ROAD, SITUATED AT NO.670/3, NEERU BHAVI KEMPANNA EXTENSION, HEBBALA, BENGALURU-560024. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE SENIOR CIVIL JUDGE AND JMFC AT MALUR BEFORE WHOM OS NO. 82/2016 IS PENDING DISPOSAL THE ENTIRE ORDER SHEET OF WHICH IS PRODUCED AS ANNX-D TO TAKE UP SAID SUIT ON PRIORITY BASIS FOR URGENT DISPOSAL BY FIXING A PARTICULAR TIME FRAME. 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 This petition is filed by the defendant Nos.3 and 4 in O.S.No.82/2016 on the file of the Senior Civil Judge, JMFC at Malur. - 4 - HC-KAR NC: 2025:KHC:49066 WP No. 35072 of 2025 2. This Court does not find the need or necessity to issue notice to the respondents/plaintiffs and co- defendants for the reason that the relief sought in this petition is for issuance of a writ of mandamus, a direction to the Senior Civil Judge, JMFC Malur to dispose of the original suit OS No.82/2016, expeditiously by fixing a time frame on a priority basis. Notice is also not ordered to the respondents, as no adverse orders are passed against the respondents herein. 3. Parties to the proceedings shall be referred to as plaintiffs and defendants for the sake of brevity. 4. Plaintiffs filed suit against the defendants for the relief of declaration of title and for permanent injunction in OS No.82/ 2016, which is now pending on the file of the Senior Civil Judge and JMFC at Malur. Defendant Nos.1 to 4 filed a written statement so also defendant Nos.5 and 6 filed separate written statement and sought for dismissal of the suit. - 5 - HC-KAR NC: 2025:KHC:49066 WP No. 35072 of 2025 5. It is the vehement contention of learned counsel for the petitioner/defendant Nos.3 and 4 that though the suit is of the year 2016, filed by the plaintiffs for the relief of declaration and despite the pleadings being completed, the issues are yet to be framed, and hence the Court has not proceeded for recording of evidence. 6. It is further contended by learned counsel for the petitioner that the first petitioner/defendant No.3 is aged 75 years and is a senior citizen. He is also suffering from old age ailments and was recently admitted to the hospital for treatment. Therefore, he is under severe financial crisis and is suffering mental agony because of the prolonging and protraction of the litigation, which is a deliberate mala fide intention of the plaintiff. It is further contended that the petitioner/defendant No. 3 wants to see the outcome of this suit during his lifetime, and hence he has filed the present petition for an expeditious disposal within a limited time frame to be issued to the learned trial Judge. - 6 - HC-KAR NC: 2025:KHC:49066 WP No. 35072 of 2025 7. I have heard the counsel for the petitioner. Perused the records. It is seen that the suit is filed in the year 2016 by the respondent Nos.1 to 6/plaintiffs and despite the pleadings being completed, the issues are yet to be framed by the learned trial judge, it is almost 10 years since the trial Court has not framed the issues. If this is the situation in the trial Court, that despite more than 9 years, the issues are not framed when pleadings are completed. The citizens of this country will lose trust and faith in the judiciary. The CPC has been amended, and a time frame is fixed for each of the stages with an intent to see that the suit is disposed of expeditiously within a proper time frame so that justice is rendered to the parties. 8. In the present case on hand, apparently despite the written statement having been filed, issues are yet to be framed, and it is going to be 10 years since the date of filing of the suit. Such delay cannot be condoned and pardoned and this Court cannot shut its eyes on either the - 7 - HC-KAR NC: 2025:KHC:49066 WP No. 35072 of 2025 delaying tactics of the plaintiffs or other parties. The trial Court requires to be appraised to expedite the matter and not delay the proceedings even if the parties intend to protract for one reason or the other. 9. I am in agreement with the learned counsel for the petitioner/defendant Nos.3 and 4 that this petition requires to be allowed by fixing the time frame for disposal of the suit. Accordingly, I pass the following order. ORDER The petition is allowed. 2. The learned Senior Civil Judge and JMFC, Malur is hereby directed to dispose of the original suit OS No. 82/2016 in a time-bound manner within a period of one year from the date of receipt of copy of the order. 3. This Court has not expressed any opinion on the merits of the matter. - 8 - HC-KAR NC: 2025:KHC:49066 WP No. 35072 of 2025 4. Parties to the proceedings shall co-operate with the trial Court for expeditious disposal. 5. The trial Court is at liberty to impose exemplary costs on the parties unnecessarily seeking adjournments. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 13