- 1 - HC-KAR NC: 2025:KHC:51094 WP No. 4376 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 4376 OF 2025 (GM-CPC) BETWEEN: SHRI B.N.MANJUNATH S/O. LATE B.M.NARAYANASWAMY AGED ABOUT 53 YEARS R/AT. BACHCHAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562 110. …PETITIONER (BY SRI S.HIMA KIRANA, ADVOCATE FOR SRI PRAKASH TIMMANNA HEBBAR, ADVOCATE) AND: SHRI ERANNA S/O. LATE CHIKKAMUNISHAMAPPA SINCE DEAD BY HIS LR’S 1. SMT. ASHWATHAMMA W/O B. BYRAPPA AGED ABOUT 58 YEARS RESIDING AT LAKSHMIDEVIPURA, HADONAHALLI POST, THUBAGERE HOBLI DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT – 561 205. Digitally signed by S NOORUNNISABEGUM Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51094 WP No. 4376 of 2025 2. SMT. KEMPAMMA W/O V.KRISHNAPPA AGED ABOUT 54 YEARS RESIDING AT LINGADEERA, GOLLAHALLI TALUK, BENGALURU RURAL DISTRICT. 3. SMT. PADMAMMA W/O V. NAGARAJU AGED ABOUT 52 YEARS RESIDING AT BACHAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT – 562 110. 4. SHRI B.V.GOVINDASWAMY S/O ERANNA, AGED ABOUT 50 YEARS. 5. SHRI B.V.CHANNAKRISHNAPPA S/O ERANNA AGED ABOUT 40 YEARS. 6. SHRI DODDANANJAPPA S/O LATE CHIKKAMUNISHAMAPPA, AGED ABOUT 65 YEARS. 7. SHRI RAVI S/O DODDANANJAPPA, AGED ABOUT 32 YEARS. 8. SHRI CHIKKANANJAPPA S/O LATE CHIKKAMUNISHAMAPPA, AGED ABOUT 60 YEARS. - 3 - HC-KAR NC: 2025:KHC:51094 WP No. 4376 of 2025 9. SHRI VIJAYAKUMAR S/O CHIKKANANJAPPA, AGED ABOUT 32 YEARS. 10. SHRI ARUNA S/O CHIKKANANJAPPA, AGED ABOUT 26 YEARS. 11. SMT. PILLAMMA W/O MUNISHAMAPPA, AGED ABOUT 80 YEARS. 12. SMT. ANJANAMMA W/O LATE B.M.NARAYANASWAMY, AGED ABOUT 50 YEARS. 13. SHRI MUNISHAMA REDDY S/O LATE B.M.NARAYANASWAMY, AGED ABOUT 28 YEARS. SHRI M.RAMAIAH S/O MUNISHAMAPPA SINCE DEAD BY LR’S. 14. SMT. JANAKAMMA W/O LATE M. RAMAIAH, AGED ABOUT 60 YEARS. 15. SMT. SUJATHA D/O LATE M.RAMAIAH, AGED ABOUT 28 YEARS. 16. SHRI SHIVAKUMAR S/O LATE M. RAMAIAH, AGED ABOUT 32 YEARS - 4 - HC-KAR NC: 2025:KHC:51094 WP No. 4376 of 2025 RESPONDENTS 4 TO 16 ARE R/AT: BACHCHAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562 110. 17. SMT. AMMAYAMMA @ CHIKKATHAYAMMA W/O LATE B.M.ANJANAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO. 354, SRINIVASA NILAYA, 1ST MAIN, JALAHALLI BENGALURU NORTH TALUK, BENGALURU – 13. 18. SHRI B.M.ANJANAPPA S/O LATE CHIKKAANJANAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO. 354, SRINIVASA NILAYA, 1ST MAIN, JALAHALLI BENGALURU NORTH TALUK BENGALURU – 13. SHRI MAKE MUNISWAMAPPA S/O LATE DODDAPILLAPPA SINCE DEAD BY LRS. 19. SHRI MUNIANJINAPPA S/O LATE MYAKE MUNISWAMAPPA AGED ABOUT 63 YEARS. SHRI RAMAIAH S/O LATE MYAKE MUNISWAMAPPA - 5 - HC-KAR NC: 2025:KHC:51094 WP No. 4376 of 2025 SINCE DEAD BY HIS LRS. 20. SMT. SHANTHAMMA W/O LATE RAMAIAH AGED ABOUT 62 YEARS. 21. SHRI MANOJ KUMAR S/O LATE RAMAIAH AGED ABOUT 33 YEARS. 22. SMT. VARALAKSHMI D/O LATE RAMAIAH, AGED ABOUT 25 YEARS. 23. SHRI M.MUNIYAPPA S/O LATE MYAKE MUNISWAMAPPA AGED ABOUT 55 YEARS RESPONDENTS 19 TO 23 ARE RESIDING AT BACHAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562 110. 24. SHRI P.NANJUNDAPPA S/O PAPAIAH @ DODDA PAPAIAH AGED ABOUT 37 YEARS RESIDING AT BANGIPURA VILLAGE JIGANI HOBLI, ANEKAL TALUK. …RESPONDENTS THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE FILE OF HON’BLE 1ST ADDL. SENIOR CIVIL JUDGE AT DEVANAHALLI IN O.S.NO. 1536/2006, PERUSE THE SAME, HEAR THE PARTIES AND FURTHER BE - 6 - HC-KAR NC: 2025:KHC:51094 WP No. 4376 of 2025 PLEASED TO:- (a) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION, DIRECTING THE HON’BLE 1ST ADDL. SENIOR CIVIL JUDGE AT DEVANAHALLI TO DISPOSE OF O.S NO. 1536/2006 PENDING DISPOSAL BEFORE THE SAID HON’BLE COURT WITHIN A DEFINITE TIME FRAME THAT MAY BE FIXED BY THIS HON’BLE COURT BY CONDUCTING THE CASE ON DAY-TO-DAY BASIS SO THAT THE SAID SUIT WHICH IS MORE THAN 20 YEARS OLD IS DISPOSED OF WITHIN THE TIME FRAME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The grievance of the petitioner in the present writ petition is limited to the following prayer: “(a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Hon’ble 1st Addl. Senior Civil Judge at Devanahalli to dispose of O.S.No.1536/2006 pending disposal before the said Hon’ble Court within a definite time frame that may be fixed by this Hon’ble Court by conducting the case on day- to-day basis so that the said suit which is more than 20 years old is disposed of within the time frame. (b) To grant such other reliefs as this Hon’ble Court may deem fit in the facts and circumstances of this case in the interest of justice and equity.” - 7 - HC-KAR NC: 2025:KHC:51094 WP No. 4376 of 2025 2. The learned counsel for the petitioner - defendant No.3 in the proceedings before the Trial Court, submits that the suit for partition and separate possession was filed in the year 2004, while the issues were framed and recording of the evidence had commenced from 17.07.2006. He submits that, thereafter, for almost 20 years, the Trial in the suit has not concluded. It is contented by the petitioner that the pendency of the suit is causing grave prejudice to the defendants. Reliance is placed on the orders dated 17.07.2006 and 29.07.2006, passed by the learned Trial Court, on the dates of which the Trial had commenced. He submits that the proceedings in the matter is not progressing. 3. This Court has gone through the order sheets which are placed on record. The learned Trial Court had on 17.07.2006 and 29.07.2006, marked the exhibits and listed the matter for evidence. However, the suit is still at the evidence stage after almost 19 years. 4. Given the undisputed facts, this Court does not deem it apposite to issue notice in the matter. However, direction is issued to the Trial Court to ensure that the proceedings in - 8 - HC-KAR NC: 2025:KHC:51094 WP No. 4376 of 2025 O.S.No.1536 of 2006 are concluded within six months from today. 5. The learned Trial Court is also directed not to grant unnecessary adjournments to either of the parties to ensure expeditious disposal. 6. The writ petition is disposed of, in the aforegoing terms. (TARA VITASTA GANJU) JUDGE NVJ List No.: 1 Sl No.: 4 Digitally signed by TARA VITASTA GANJU Location: High Court of Karnataka