- 1 - HC-KAR NC: 2025:KHC:40073 WP No. 28927 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 28927 OF 2025 (GM-CPC) BETWEEN: 1. SMT LAKSHMAMMA D/O. LATE. CHALUVAIAH AGED ABOUT 75 YEARS R/AT ADILINGANAPALYA VILLAGE TIPPASANDRA HOBLI MAGADI TALUK, SHANKIGATTA RAMANAGAR DIST.-562 131 2. SMT. KAMALAMMA D/O. LATE, CHALUVAIAH AGED ABOUT 66 YEARS, R/AT ADILINGANAPALYA VILLAGE TIPPASANDRA HOBLI MAGADI TALUK RAMANAGAR DIST.-562 127 …PETITIONERS (BY SRI. PRAVEEN R.,ADVOCATE) AND: 1. SRI CHANNEGOWDA C S/O. LATE. CHALUVAIAH MAJOR R/AT BYDARAHALLI VILLAGE SOLUR HOBLI, MAGADI TALUK RAMANAGARA DIST.-562 127 2. SMT.NARASAMMA W/O. LATE NARAYANAPPA MAJOR R/AT BYDARAHALLI VILLAGE, SOLUR HOBLI, MAGADI TALUK Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40073 WP No. 28927 of 2025 RAMANAGARA DIST.-562 127 3. SRI. CHANNAKESHAVA S/O.LATE NARAYANAPPA MAJOR R/AT BYDARAHALLI VILLAGE SOLUR HOBLI, MAGADI TALUK RAMANAGARA DIST.-562 127 4. SRI.GANGADHARAIAH S/O. LATE. CHALUVAIAH MAJOR R/AT BYDARAHALLI VILLAGE, SOLUR HOBLI MAGADI TALUK RAMANAGARA DIST.-562 127 5. SRI.SRINIVASA S/O. LATE NARAYANAPPA MAJOR R/AT BYDARAHALLI VILLAGE, SOLUR HOBLI MAGADI TALUK RAMANAGARA DIST.-562 127 6. SRI.VIJAYKUMAR S/O. LATE NARAYANAPPA MAJOR R/AT BYDARAHALLI VILLAGE, SOLUR HOBLI MAGADI TALUK RAMANAGARA DIST.-562 127 7. SMT.JAYAMMA S/O. LATE. NARASIMHAIAH MAJOR R/AT BYDARAHALLI VILLAGE, SOLUR HOBLI MAGADI TALUK RAMANAGARA DIST.-562 127 8. SMT.GANGALAKSHMAMMA D/O.LATE. NARASIMHAIAH W/O.NAGARAJU MAJOR R/AT BAGINAGERE VILLAGE - 3 - HC-KAR NC: 2025:KHC:40073 WP No. 28927 of 2025 TIPPASANDRA HOBLI MAGADI TALUK RAMANAGARA DIST.-562 131 9. SMT.PARVATHAMMA DO. LATE. NARASIMHAIAH W/O. MOHAN KUMAR MAJOR R/AT GAVINAGAMANGALA VILLAGE MADBAL HOBLI, MAGADI TALUK RAMANAGARA DIST.-561 201 10. SRI.PARAMASHIVAIAH S/O. LATE. NARASIMHAIAH MAJOR R/AT BYDARAHALLI VILLAGE, SOLUR HOBLI, MAGADI TALUK RAMANAGARA DIST.-562 127 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MAGADI TO DISPOSE OF THE PENDING FINAL DECREE PROCEEDINGS IN F.D.P NO. 20/2019 VIDE ANNEXURE -B EXPEDITIOUSLY WITHIN SIX(6) MONTHS FROM THE DATE OF ORDER OF THIS HONBLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 4 - HC-KAR NC: 2025:KHC:40073 WP No. 28927 of 2025 ORAL ORDER Heard learned counsel for petitioner. 2. This Court does not find any need to issue notice to the respondents as no relief is sought against them and so also no adverse order is passed against them. The only relief that is sought in the present writ petition is to direct the learned Senior Civil Judge & JMFC, Magadi to dispose of FDP No.20/2019 expeditiously within six months. 3. It is the contention of learned counsel for petitioners that the petitioners are Respondent Nos.4 and 5 in the Final Decree Proceedings (‘FDP’ for short) and they are senior citizens aged about 75 years and 66 years respectively. The original suit for partition was initially filed in the year 2012 and the said suit was subsequently re-numbered as O.S. No.407/2014. Despite filing of the FDP in the year 2019, for one reason or the other, the matter is being prolonged and dragged by the parties to the proceedings. R.A. No.2/2000 filed against the judgment & decree passed in O.S. No.407/2014 also came to be dismissed on 19.1.2022. It is contended by learned counsel for petitioners that Respondent Nos.2,3,5 - 5 - HC-KAR NC: 2025:KHC:40073 WP No. 28927 of 2025 and 6 are dragging on the FDP. The said respondents have filed an application on 17.2.2023 to stay the decree in O.S. No.407/2014, only in order to drag on the proceedings and not argued the matter and ultimately the trial Court disposed of the application after a lapse of more than 2 ½ years. The petitioners want to see the outcome of the proceedings during their life time. In order to protect their rights, the petitioners filed this petition for a writ of mandamus for a direction to the learned Senior Civil Judge& JMFC, Magadi to dispose of FDP expeditiously. 4. I am in agreement with learned counsel for petitioners that the FDP would have to be conducted expeditiously in view of the fact that the suit was decreed as long back as on 22.8.2019 and despite filing the FDP, the petitioners are unable to enjoy the fruits of the decree. Therefore, in the interest of all the parties, this Court deems it appropriate to pass the following: O R D E R i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:40073 WP No. 28927 of 2025 ii) A writ of mandamus is issued directing the learned Addl. Senior Civil Judge & JMFC, Magadi to dispose of FDP No.20/2019 expeditiously within an outer limit of six months from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 52