- 1 - HC-KAR NC: 2025:KHC:37681 WP No. 5898 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5898 OF 2025 (GM-CPC) BETWEEN: SMT. KAMALAMMA, W/O KRISHNEGOWDA, SINCE DIED BY LR’S, 1(a). SRI KRISHNEGOWDA, S/O LATE MALLEGOWDA, AGED ABOUT 75 YEARS. 1(b). B.K.JAVAREGOWDA, S/O SRI. KRISHNEGOWDA, AGED ABOUT 43 YEARS, 1(c) B.K.BASAVARAJU, S/O SRI. KRISHNEGOWDA, AGED ABOUT 39 YEARS, ALL ARE R/AT: J. BYADARAYAHALLI VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT – 573 135. …PETITIONERS (BY SRI. R.P.SOMASHEKARAIAH, ADVOCATE FOR SRI. RAMESH KUMAR, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37681 WP No. 5898 of 2025 AND: 1. SMT.JAYANTHI, W/O PUTTASWAMYGOWDA, AGED ABOUT 55 YEARS, R/AT THOTIKOPPALU VILLAGE, HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT – 573 124. 2. SHARDAMMA, W/O LATE RAMESHA, AGED ABOUT 61 YEARS, R/AT DADIGATTA VILLAGE, S. BELGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT – 573 135. …RESPONDENTS (R1 AND R2 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE TRIAL COURT I.E. IIIRD ADDL. CIVIL JUDGE AND JMFC CHANNARAYAPATNA TO DISPOSE OF THE SUIT OS NO. 76/2019 AS EARLY AS POSSIBLE UNDER ANNEXURES-A AND C RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37681 WP No. 5898 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is the 4th defendant is before this Court seeking the following prayers: "a) To issue writ in the nature of mandamus directing the Trial court i.e. IIIrd Addl. Civil Judge and JMFC, Channarayapatna to dispose of the suit OS No.76/2019 as early as possible under ANNEXURE - A and C respectively. b) To Grant any other relief or relief's as this Hon'ble Court deems fit to grant to the Petitioners on the facts and circumstances of the case in the interest of justice and equity." 2. Heard Sri.R.P.Somashekaraiah, learned counsel for Sri.Ramesh Kumar, learned counsel appearing for the petitioner and have perused the material on record. 3. Plaintiffs-respondents institute a suit seeking partition and separate possession in O.S.No.76/2019, six years have passed. Learned counsel for the petitioner submits that the suit has not progressed after the framing of issues, tendering of evidence. - 4 - HC-KAR NC: 2025:KHC:37681 WP No. 5898 of 2025 4. In the light of the fact that the suit is pending for the last six years and the prayer being innocuous, I deem it appropriate to dispose the petition with a direction to the concerned Court to dispose the suit in O.S.No.76/2019 within nine months from the date of receipt of the copy of the order, if not earlier. Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 104