- 1 - HC-KAR NC: 2025:KHC:44824 WP No. 13922 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 13922 OF 2023 (GM-CPC) BETWEEN: 1. SMT. JALAJAKSHI @ GANGAMMA W/O LATE DODDANNA AGED ABOUT 62 YEARS. 2. SRI SHUBHASHAYA S/O LATE DODDANNA AGED ABOUT 47 YEARS. 3. SMT. SEEMA D/O LATE DODDANNA AGED ABOUT 42 YEARS. 4. SMT. NIRMALA D/O LATE SYRIYAPPA WADEYAR AGED ABOUT 64 YEARS. 5. SMT. KOMALAMMA D/O LATE SYRIYAPPA WADEYAR AGED ABOUT 61 YEARS. 6. SRI BINDUSHEKAR WADEYAR S/O LATE SYRIYAPPA WADEYAR AGED ABOUT 47 YEARS. PETITIONER NO.1 TO 7 ARE RESIDENTS OF DASANUDDAIAHNAPALYA (D.M.PALYA) KASABA HOBLI TUMAKURU TOWN - 572 101. …PETITIONERS (BY SRI R. SHASHI KUMAR, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44824 WP No. 13922 of 2023 AND: 1. SRI DEVARAJU R S/O LATE K REVANNA @ DODDAVEERANNA AGED ABOUT 62 YEARS. RESPONDENT NO.1 & 2 ARE R/AT DASANUDDAIAHNAPALYA (D.M. PALYA) KASABA HOBLI TUMAKURU TOWN - 572 101. 2. SMT. CHANDRAMMA W/O LATE SHANTHAPPA AGED ABOUT 64 YEARS. 3. UMESH S/O LATE SHANTHAPPA AGED ABOUT 47 YEARS. RESPONDENT NO. 3 AND 4 ARE R/AT REVANASIDDESHWARA NILAYA BEHIND POLICE GROUND KRISHNA NAGARA B H ROAD, TUMAKURU - 572 101. 4. SMT. DHANALAKSHMI @ THAYAMMA D/O LATE SIRIYAPPA WADEYAR AGED ABOUT 70 YEARS. 5. SRI BHAGHAVAN RENUKA S/O LATE SIRIYAPPA WADEYAR AGED ABOUT 54 YEARS. RESPONDENT NO.4 & 5 ARE R/AT DASANUDDAIAHNAPALYA (D.M. PALYA) KASABA HOBLI TUMAKURU TOWN - 572 101. …RESPONDENTS (BY SRI P.M. GOPI, ADV., FOR SRI P.M. SIDDAMALLAPPA P.M, ADV.) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO THE - 3 - HC-KAR NC: 2025:KHC:44824 WP No. 13922 of 2023 HONBLE III ADDL. SENIOR CIVIL JUDGE AND JMFC, TUMAKUR TO DISPOSE OF THE PENDING INTERIM APPLICATIONS I.A.NO.2, 4 AND 5 FILED BY THE RESPECTIVE PARTIES/PLAINTIFF IN O.S.NO.82/2016 AS PER ANNX-D,E AND G. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. In this writ petition filed under Article 227 of the Constitution of India, petitioners are seeking for the following reliefs: (a) Issue writ in the nature of certiorari or any other appropriate writ, order or directions to the Hon'ble III Addl. Senior Civil Judge & JMFC, Tumakur, to dispose of the pending interim applications IA No.2, 4 and 5 filed by the respective parties/plaintiff in OS.No.82/2016 as per Annexure-D, E & G. (b) Issue writ in the nature of certiorari or any other appropriate writ, order or directions to the Hon'ble III Addl. Senior Civil Judge and JMFC, Tumakur to dispose of the OS.No.82/2016 in time bound manner as per Annexure-A. (c) Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the matter. - 4 - HC-KAR NC: 2025:KHC:44824 WP No. 13922 of 2023 2. Learned Counsel for the petitioners submits that IA.no.5 has been already disposed of by the Trial Court and IA.nos.2 & 4 are yet to be disposed of. He submits that all the parties in the suit are served and pleadings are complete. 3. Learned Counsel for the contesting respondent does not dispute the submission made by the learned Counsel for the petitioner. 4. It is trite that unless exceptional circumstances are found, this Court normally will not issue a writ of mandamus directing the Trial Court to dispose of the pending suit within a time frame. In the present case, issues are yet to be framed in O.S.No.82/2016, and therefore, I do not find any justification to issue a writ of mandamus to the Trial Court to dispose of O.S.No.82/2016 in a time bound manner. 5. So far as the first prayer sought, to direct the Trial Court to dispose of IA.nos.2, 4 & 5 filed in O.S.No.82/2016 is concerned, undisputedly IA.no.5 has been already disposed of by the Trial Court during the pendency of this writ petition, and therefore, only IA.nos.2 & 4 are pending consideration. Since - 5 - HC-KAR NC: 2025:KHC:44824 WP No. 13922 of 2023 the said applications are pending since the year 2016, I am of the opinion that it is necessary to direct the Trial Court to consider the said applications and dispose of the same on merits, expeditiously, within a time frame. Accordingly, the following order: 6. Writ petition is allowed in part. The prayer made by the petitioners to direct the Trial Court to dispose of O.S.No.82/2016 within a time frame, is rejected. The Trial Court is directed to consider and dispose of IA.nos.2 & 4 filed in O.S.No.82/2016, as expeditiously as possible, but not later than a period of two months from the date of receipt of the certified copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE KK