- 1 - HC-KAR NC: 2025:KHC:30956 WP No. 18783 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18783 OF 2025 (GM-CPC) BETWEEN: SRI H.R. VENKATESH S/O LATE. RAMAIAH AND SMT. AKKAYAMMA @ AMMAYAMMA AGE ABOUT 66 YEARS, R/AT NO. 169, HOODI GARDEN, 2ND MAIN, 10TH CROSS, WHITE FIELD ROAD, MAHADEVAPURA POST, BENGALURU - 560 048. …PETITIONER (BY SRI. GANGADHARAPPA C, ADVOCATE) AND: 1. SMT. KAMALAMMA D/O SMT. AKKAYAMMA @ AMMAYAMMA W/O LATE. KEMPANNA AGED ABOUT 65 YEARS, R/AT CHOKKANAHALLI VILLAGE, BESIDE MATA, PILLAGUMPE POST, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT. 2. SMT. PREMA W/O SRI MUNE GOWDA AGED ABOUT 45 YEARS, 3. SRI MUNE GOWDA S/O LATE. NARAYANAMMA Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30956 WP No. 18783 of 2025 AGED ABOUT 50 YEARS, NO.2 AND 3 ARE R/AT HENNUR VILLAGE, KALYAN NAGAR POST, BENGALURU NORTH TALUK, BENGALURU - 560 045. 4. SMT. LAKSHMAMMA D/O LATE. NARAYANAMMA W/O LAKSHMAN AGED ABOUT 70 YEARS, R/AT HENNUR VILLAGE, GOWDARA COLONY, KALYAN NAGAR POST, BENGALURU - 560 084. 5. SMT. KEMPAMMA W/O ANJANAPPA D/O LATE. NARAYANAMMA AGED ABOUT 55 YEARS, R/AT BINNAMANGALA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. SMT. BYAMMA (SINCE DECEASED) REP. BY HER LR'S BEING SL.NO.6 AND 7 6. SRI NATARAJ S/O RAMAIAH AGED ABOUT 60 YEARS, 7. SRI KRISHNA S/O RAMAIAH AGED ABOUT 55 YEARS, - 3 - HC-KAR NC: 2025:KHC:30956 WP No. 18783 of 2025 NO.6 AND 7 ARE R/AT KITHAGANOOR VILLAGE, KRISHNARAJAPURAM HOBLI, BENGALURU EAST TALUK, BENGALURU. 8. SMT. SHANTHAMMA D/O SMT. AKKAYAMMA @ AMMAYAMMA W/O GOVINDARAJ AGED ABOUT 50 YEARS, R/AT KITHAGANOOR VILLAGE, KRISHNARAJAPURAM HOBLI, BENGALURU EAST TALUK, BENGALURU. 9. SRI. MUNE GOWDA S/O SMT. AKKAYAMMA @ AMMAYAMMA AGED ABOUT 70 YEARS R/AT JANATHA COLONY, BEHIND POST OFFICE, BANNERGHATTA, ANEKAL TALUK, BENGALURU RURAL DISTRICT - 560 083. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT TO THE HONBLE XX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-32) TO CONSIDER THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 1 RULE 10(2) R/W SEC 151 OF CPC IN FDP NO. 175/2021, VIDE ANNX-J SINCE THE R-1, 6 TO 9 HAVE ALREADY RELEASED THEIR RIGHTS IN RESPECT OF THE SUIT SCHEDULE PROPERTIES IN FAVOUR OF THE PETITIONER AND CONSEQUENTLY ISSUE DIRECTION TO CONSIDERING THE FDP NO. 175/2021 FOR EXECUTING THE JUDGMENT AND DECREE PASSED IN OS NO. 6093/1994 VIDE ANNX-A WITHIN THE STIPULATED TIME LIMIT. - 4 - HC-KAR NC: 2025:KHC:30956 WP No. 18783 of 2025 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 petitioner is before this Court seeking the following prayers: "i) Issue a writ of mandamus by issuing the direction to the Hon'ble XX Addl. City Civil & Sessions Judge at Bengaluru (CCH-32) to consider the application filed by the Petitioner under Order I Rule 10(2) read with Section 151 of CPC in FDP.No.175/2021, vide ANNEXURE-J, since the Respondents 1, 6 to 9 have already released their rights in respect of the suit schedule properties in favour of the Petitioner and consequently issue direction to considering the FDP.No.175/2021, for executing the judgment and decree passed in O.S.No.6093/1994, vide ANNEXURE-A within the stipulated time limit to meet the ends of justice. ii) Pass such other order as this Hon'ble Court deems fit and necessary under the facts and circumstances of the case." 2. The suit is instituted in the year 1994. The suit comes to be decreed on 04.10.2007. The petitioner challenges the dismissal of the suit in O.S.No.59/2011 before this court in RFA.No.1830/2011. The parties enter into a compromise in RFA. The final decree proceedings are instituted pursuant to the - 5 - HC-KAR NC: 2025:KHC:30956 WP No. 18783 of 2025 said compromise on 21.12.2021. It is contended that the said final decree proceedings is pending adjudication before the concerned court. 3. The proceedings began in the year 1994 and the final decree proceedings is now instituted for a compromise that is entered into in the year 2011. Therefore, I deem it appropriate to infuse finality into the proceedings by way of direction to the concerned court to dispose the final decree proceedings, within an outer limit of six months, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 53 CT: BHK