- 1 - HC-KAR NC: 2025:KHC:50578 WP No. 21230 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 21230 OF 2024 (GM-CPC) BETWEEN: H K CHANDRAPPA S/O. LATE ANJINAPPA, AGED ABOUT 50 YEARS, RESIDING AT BHAVANAHALLI VILLAGE AND POST, KASABA HOBLI, MALUR TALUK …PETITIONER (BY SRI. GIRI KUMAR S.V., ADVOCATE) AND: 1. SMT NIRMALA D/O. LATE SONNAPPA, AGED NOW ABOUT 54 YEARS, RESIDING AT KOLATHURU VILLAGE AND POST HOSKOTE TALUK, BANGALORE - RURAL DISTRICT -562 114. 2. SMT. SUNANDAMMA, D/O. LATE SONNAPPA, AGED ABOUT 43 YEARS, RESIDING AT BHAVANAHALLI VILLAGE AND POST, MALUR TALUK, KOLAR DISTRICT - 563 130. 3. SRI. AYYAPPA, S/O. LATE SONNAPPA, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50578 WP No. 21230 of 2024 AGED ABOUT 39 YEARS, KOLATHURU VILLAGE AND POST HOSKOTE TALUK, BANGALORE - RURAL DISTRICT - 562 114. 4. SRI. SHANMUGA, S/O. LATE SONNAPPA, AGED ABOUT 38 YEARS, RESIDING AT KOLATHURU VILLAGE AND POST HOSKOTE TALUK, BANGALORE - RURAL DISTRICT - 562 114. 5. SMT. PADMA M.S., D/O. LATE SONNAPPA, AGED ABOUT 36 YEARS, NO.6, 4TH CROSS, NEAR YELLAMA TEMPLE, SIDDAPURA, BANGALORE NORTH, PIN - 560 065. 6. SRI AMBARISH, S/O. LATE SONNAPPA, AGED ABOUT 33 YEARS, RESIDING AT KOLATHURU VILLAGE AND POST HOSKOTE TALUK, BANGALORE - RURAL DISTRICT - 562 114. 7. SMT.PAPAMMA W/O OF LATE SONAPPA, AGED ABOUT 77 YEARS RESIDING AT BHAVANAHALLI VILLAGE AND POST, MALUR TALUK, KOLAR DISTRICT- 563 130 …RESPONDENTS (BY SRI. D.L. SOMESHA, ADVOCATE FOR R3 - ABSENT) - 3 - HC-KAR NC: 2025:KHC:50578 WP No. 21230 of 2024 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DISPOSE OF THE OS NO. 627/2022 ON THE FILE OF THE SR. CIVIL JUDGE AT MALUR, KOLAR DISTRICT TO DISPOSE OF THE SUIT WITHIN THE TIME FRAME 3 MONTHS IN THE INTEREST AND EQUITY AT ANN-E. THIS PETITION, COMING ON FOR FINAL 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. Though respondent No.3 is served remained unrepresented and there is no representation today on behalf of respondent No. 3. Notice is awaited for respondent Nos.1, 2, 4, 5 and 7. 2. The petitioner is defendant No.7 before the trial Court in O.S.No.627/2022. This Court does not find need or necessity to await the service of notice to unserved respondents for the reason that the prayer made in this - 4 - HC-KAR NC: 2025:KHC:50578 WP No. 21230 of 2024 petition by the petitioner/defendant No.7 is an innocuous prayer, which reads as under:- "a. Issue an order or writ or the writ of mandamus to dispose of the O.S.No.627/2022 on the file of the Senior Civil Judge at Malur, Kolar district to dispose of the suit within the time frame 3 months in the interest of justice and equity at Annexure-E. b. Issue any such other Order, Orders or Direction which this Hon'ble Court deems fit to grant in the instant case with regard to the facts and circumstances of this case." 3. The petitioner/defendant No.7 seeks for a direction to the learned Senior Civil Judge and JMFC., at Malur, Kolar District, to dispose of the suit within a time frame of three months. It is contented by the learned counsel for the petitioner that the suit is filed by respondent Nos.1 to 7, who are the plaintiffs before the trial Court for the relief of partition. - 5 - HC-KAR NC: 2025:KHC:50578 WP No. 21230 of 2024 4. Presently the suit is posted at the stage of filing of written statement of defendant No.13. It appears that the pleadings are yet to be completed. At this stage, the present petition is filed seeking for an expeditious disposal of the matter before the trial Court within a time frame of three months. As stated earlier, this Court is not inclined to await service of notice of the respondents/plaintiffs, the reason is that, this Court is inclined to direct the trial Court to dispose of the matter expeditiously. However, no adverse order is passed as against the respondents herein. At the same time, a time frame cannot be fixed for the reason that the pleadings are yet to be completed. Therefore, I pass the following: ORDER i) This petition is allowed; ii) Senior Civil Judge at Malur, Kolar District, is hereby directed to dispose of the proceedings in O.S.No.627/2022 (old No.597/2022) expeditiously, of course, by providing - 6 - HC-KAR NC: 2025:KHC:50578 WP No. 21230 of 2024 reasonable opportunities to the contesting parties. iii) It is made clear that this Court has not expressed any opinion on the merits of the matter; iv) Ordered accordingly. v) Pending IAs. do not survive for consideration, same pale into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE PSJ List No.: 1 Sl No.: 1