Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:54699 WP No. 33824 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 33824 OF 2025 (GM-CPC) BETWEEN:
SMT. DEEPA MALINI DEVI AGED ABOUT 57 YEARS W/O. JAIDEEP BHALE RAO D/O. LATE SARDAR K. B.
RAMACHANDRA RAJ URS RESIDING AT NO.304 BRIGADE PARKWAY 2ND MAIN ROAD V.V. MOHALLA MYSURU - 570 002. …PETITIONER (BY SRI ARVIND REDDY H., ADVOCATE FOR SRI SAMPAT ANAND SHETTY, ADVOCATE)
AND:
1.
SMT. TRIPURA SUNDARI DEVI AGED ABOUT 59 YEARS W/O. SWARUP ANAND D/O. LATE SARDAR K. B.
RAMACHANDRA RAJ URS RESIDING AT NO.17 PRESTIGE DORCHESTER JAKKUR, BENGALURU – 560 064.
ALSO RESIDING AT:
NO.954/2, “KALPANA” DEWANS ROAD LAKSHMIPURAM MYSORE - 570 004.
2.
CHADURANGA KANTHARAJ URS
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:54699 WP No. 33824 of 2025
AGED ABOUT 53 YEARS S/O. LATE SARDAR K. B.
RAMACHANDRA RAJ URS RESIDING AT NO.221/1
“LEELA VIHAR” GOKULAM MAIN ROAD JAYALAKSHMIPURAM MYSURU - 570 012.
ALSO RESIDING AT NO.123, “EMBASSY WOODS” CUNNINGHAM ROAD BANGALORE - 560 052.
3.
SMT. KIRTI MALINI DEVI AGED ABOUT 55 YEARS W/O. SHAILESH VIKRAM SINGH D/O. LATE SARDAR K.B.
RAMACHANDRA RAJ URS RESIDING AT NO.5, PRESTIGE DORCHESTER JAKKUR, BENGALURU - 560 064. …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MYSURU TO EXPEDITIOUSLY DISPOSE OF O.S.NO.82/2018 VIDE ANNEXURES-A AND B, WITHIN A PERIOD OF THREE MONTHS OR WITHIN SUCH PERIOD AS THIS HON'BLE COURT MAY DEEM FIT INCLUDING THE CONSEQUENTIAL STEPS OF CONCLUSION OF EVIDENCE, COMMISSIONER PROCEEDINGS FOR DIVISION, AND DRAWING OF THE PRELIMINARY OR FINAL DECREE, SO AS TO BRING THE MATTER TO FINAL ADJUDICATION WITHIN THE PERIOD FIXED BY THIS HON'BLE COURT, OBVIOUSLY GIVING NO SCOPE FOR GRANTING UNNECESSARY ADJOURNMENTS TO ANY PARTY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:54699 WP No. 33824 of 2025
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner-defendant No.2.
2. This petition is filed by the petitioner, who is defendant No.2 before the trial Court seeking the following reliefs:
"i. Issue a writ in the nature of mandamus or any other appropriate writ, order of direction against the learned Principal Senior Civil Judge and CJM, Mysuru to expeditiously dispose of O.S.No.82/2018 vide ANNEXURE-A and B, within a period of three months or within such period as this Hon’ble Court may deem fit including the consequential steps of conclusion of evidence, commissioner proceedings for division, and drawing of the preliminary or final decree, so as to bring the matter to final adjudication within the period fixed by this Hon’ble Court, obviously giving no scope for granting unnecessary adjournments to any party; ii. and grant the petitioner such other and further relief as this Hon’ble Court deems fit under the
facts and circumstances of the case.”
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HC-KAR NC: 2025:KHC:54699 WP No. 33824 of 2025
3. It is the contention of the learned counsel for petitioner-defendant No.2 that the suit came to be filed by the plaintiff-respondent No.1 in the year 2018. The pleadings are completed and issues are framed on
20.06.2018. Thereafter, the matter was posted for evidence. Till date, the evidence has not been adduced by the plaintiff-respondent No.1. The matter is being protracted for one reason or the other. Therefore, the petitioner-defendant No.2 is before this Court seeking a direction to the trial Court to expedite the matter and dispose of the suit.
4. This Court does not find any need or necessity to issue notice to the respondents, as no adverse order is passed against them.
5. Apparently, it is seen that despite the suit having been filed in the year 2018, pleadings being completed and issues having been framed in the month of June 2018, nothing is proceeded further in the suit before the trial
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HC-KAR NC: 2025:KHC:54699 WP No. 33824 of 2025
Court except granting adjournments. Therefore, it becomes necessary for this Court to direct the trial Court to expedite the matter, as already seven years have passed since the issues were framed. The trial Court would have to proceed further by putting the parties to terms in expediting the matter.
6. Accordingly, I pass the following:
ORDER i. This petition is allowed; ii. The Principal Senior Civil Judge and CJM, Mysuru is hereby directed to dispose of the original suit in O.S.No.82/2018 within an outer limit of eight months from the date of receipt of a copy of this order; iii. The trial Court is at liberty to impose exemplary cost on either parties for unnecessary adjournments.
Sd/- (PRADEEP SINGH YERUR) JUDGE CPN\List No.: 1 Sl No.: 1