Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29847 WP No. 21372 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 21372 OF 2025 (GM-CPC) BETWEEN:
SRI. B.M. DODDAIAH S/O LATE B G MARAPPA AGED ABOUT 72 YEARS, R/AT NO.1, 1ST MAIN, KALYANANAGAR MUDALAPALYA BANGALORE - 560073 …PETITIONER (BY SRI. ABHISHEK HUDDAR.,ADVOCATE) AND:
1. SMT. DHANALAKSHMAMMA W/O LATE GANGARASAIAH AGED ABOUT 60 YEARS,
2. SRI DODDEGOWDA B G S/O LATE GANGARASAIAH AGED ABOUT 38 YEARS
3. SMT. B G PARVATAHAMMA D/O LATE GANGARASAIAH AGED ABOUT 35 YEARS
4. SRI B G NAGARAJU S/O LATE GANGARASAIAH
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:29847 WP No. 21372 of 2025
AGED ABOUT 28 YEARS SL. NO. 1 TO 4 ARE RESIDING AT BETTAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 562 130. 5. B.M. GANGAMARAIAH S/O LATE B.G. MARAPPA, AGED ABOUT 60 YEARS, R/AT 72, 11TH MAIN, M.C. LAYOUT, VIJAYANAGARA, BANGALORE - 560 040. 6. SRI CHIKKABEERAIAH S/O LATE GANGEGOWDA, AGED ABOUT 78 YEARS R/AT BETTAHALLI, KADABAGERE POST, DASANAPURA HOBLI, BENGALURU NORTH - 562130
7. SMT. VENKATANARASAMMA @ THAIAMMA W/O MUNIRAJU D/O LATE B G MARAPPA MAJOR R/A TUBAGERE GRAMA/POST/HOBLI, DIDDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 561205
8. SMT. JAYAMMA W/O MUNIKRISHNA D/O LATE B G MARAPPA MAJOR R/AT NO.37, NAYANDANAHALLI MYSORE ROAD, BANGALORE - 39
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HC-KAR NC: 2025:KHC:29847 WP No. 21372 of 2025
9. SMT. RADHAMMA W/O BEERAPPA D/O LATE B G MARAPPA MAJOR R/AT NO.28, MADESWARANAGARA COCONUT GARDEN VISHWANEEDAM BANGALORE - 91
10. SRI GANGAIAH S/O LATE DODDAMARAIAH, AGED ABOUT 40 YEARS,
11. SMT JAYALAKSHMAMMA W/O LATE RAJANNA AGED ABOUT 32 YEARS,
12. SMT CHANNAMMA D/O LATE DODDAMARAIAH, AGED ABOUT 36 YEARS,
13. SMT HAMMAKKA S/O LATE DODDAMARAIAH, AGED ABOUT 50 YEARS,
14. SMT CHIKKATHAYAMMA W/O LATE PRAKASH AGED ABOUT 25 YEARS,
15. SRI RAMAKRISHNA S/O DODDAMARAIAH, AGED ABOUT 30 YEARS,
16. SMT SHOBA D/O DODDAMARAIAH,
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HC-KAR NC: 2025:KHC:29847 WP No. 21372 of 2025
AGED ABOUT 28 YEARS, SL. NO. 10 TO 16 ARE R/AT BETTAHALLI, KADABAGERE POST, DASANAPURA HOBLI, BENGALURU NORTH - 562130. 17. SRI ASWATHANARAYANA S/O KEMPAIAH, AGED ABOUT 38 YEARS, R/AT NO. 99, MAGADI MAIN ROAD, GOVINDARAJANAGAR, THIMMENAHALLI, BANGALORE - 560040. 18.
SRI.H.V.GUNDAPPA S/O LATE BYRAPPA, AGED ABOUT 54 YEARS, R/AT NO.14, 1 CROSS, 2ND STAGE, BEL, MAGADI MAIN ROAD, YESWANTHAPURA HOBLI, BANGALORE - 560040
SRI. HARISHKUMAR DODDAIAH S/O.B.M. DODDAIAH, SINCE DEAD, REP BY HIS LRs
19. SMT. KALAVATHI W/O LATE HARISH KUMAR DODDAIAH AGED ABOUT 38 YEARS
20. KALYAN PATEL S/O LATE HARISH KUMAR DODDAIH AGED ABOUT 12 YEARS
21. HARIPRIYA D/O LATE HARISH KUMAR DODDAIAH
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HC-KAR NC: 2025:KHC:29847 WP No. 21372 of 2025
AGED ABOUT 9 YEARS R/AT NO. 1, 1ST MAIN, KALYAN NAGAR, MUDALPALYA BANGALORE - 560 072. AS 19(B & c) ARE MINORS THEIR MOTHER RESPONDENT NO. 19(A) IS REPRESENTING THE R12(B & C)
22. SMT. C. SARVAMANGALAMMA W/O GANGAMARAIAH AGED ABOUT 57 YEARS,
23. SRI. B.G. MANOJ S/O B.M. GANGAMARAIAH AGED ABOUT 24 YEARS, SL. NO. 22 AND 23 ARE R/AT NO.72, BINNY LAYOUT, 1ST STAGE, 11TH MAIN, VIJAYANAGARA, BENGALURU - 560 040. 24. SMT. GANGAMMA W/O GANGADHARAIAH AGED ABOUT 53 YEARS, R/AT 3RD CROSS, MAGADAI MAIN ROAD, VISHWANEEDAM POST, BYRAVESWARANAGARA, BENGALURU - 560091. 25. SRI. H.C. PRAKASH S/O CHIKKANNA AGED ABOUT 48 YEARS, R/AT HOSAHALLI GOLLARAPALYA VILLAGE, VISHWANEEDAM POST, BENGALURU NORTH TALUK, BENGALURU - 560 091. - 6 -
HC-KAR NC: 2025:KHC:29847 WP No. 21372 of 2025
26. SRI. H.S. SOMASHEKHAR S/O LATE SHIVANNA AGED ABOUT 45 YEARS, R/AT OLD NO.41, NEW NO.3, P.S. LANE, CHIKKEPETE CROSS, BENGALURU - 560 053. 27. SRI. GOWDAIAH S/O LATE NANJUNDAPPA, AGED ABOUT 79 YEARS, R/AT SHETTIGERE VILLAGE, TEREDAKUPPE POST, KOTTAGERE HOBLI, KUNIGAL TALUK, TUMKUR DIST. - 572 120. 28. SRI. VENKATESH S/O LATE AJJAPPA, AGED ABOUT 40 YEARS, R/AT BETTAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK.- 562 130. 29. SMT. BEERAMMA W/O LATE DODDAGANGAPPA AGED ABOUT 65 YEARS
30. MANJULA@ NAGARATHANA W/O MAHADEVA D/O DODDAGANGAPPA AGED ABOUT 38 YEARS
31. D.KRISHANA S/ O LATE DODDAGANGAPPA AGED ABOUT 36 YEARS
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HC-KAR NC: 2025:KHC:29847 WP No. 21372 of 2025
SL. NO.
29 TO 31 ARE R/AT BETTAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK. - 562 130. 32. SHANKARA S/ O LATE DODDAGANGAPPA AGED ABOUT 34 YEARS
PROPOSED DEFENDANT NO. 20 TO 23 ARE R/AT NO. 7/3.1 MAIN 2ND CROSS, MARENAHHALII, VIJJAYA NAGARA, BANGALORE - 560 040. 33. CHANDRAMMA @ CHANDRAKALA W/O MAHADEVA D/O DODDAGANGAPPA AGED ABOUT 40 YEARS R/AT TALAGHATTAPURA VILLAGE, KANKAPURA MAIN ROAD, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK. - 560109. 34. SRI. N. JAYAKUMAR, S/O LATE NAGARAJU, AGED ABOUT 33 YEARS,
35. SRI. MOHANKUMAR S/O LATE. NAGARAJU, AGED ABOUT 30 YEARS,
SL. NO. 34 AD 35 ARE RESIDING AT NO.100/100, 6TH MAIN, KAMAKSHIPALYA, MEENAKSHI NAGAR,
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HC-KAR NC: 2025:KHC:29847 WP No. 21372 of 2025
BANGALORE - 560 079. …RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE IN O.S.NO. 1037/2009 TO EXPEDITIOUSLY DISPOSE THE CASE, WITHIN 4 MONTHS AT ANNX-B.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this court seeking the following prayer: (a) Pass a writ of mandamus directing the Hon'ble II Additional Senior Civil Judge in O.S.NO.1037/2009 to expeditiously dispose the case within 4 months at Annexure-B; (b) Issue such writ or order or direction or other relief(s) that this Hon'ble Court deems fit under the fact and circumstances of the case to secure the ends of justice. 2. The petitioner is defendant 1(b). The parties to the lis instituted O.S.No.2333 of 2007 seeking partition of joint family properties. The said suit is said to have been transferred later to a different Court of Jurisdiction and re-numbered as
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HC-KAR NC: 2025:KHC:29847 WP No. 21372 of 2025
O.S.No.1037 of 2009. The suit therefore was instituted in the year 2007 and is pending before the concerned court.
Certain development had taken place during the pendency of this suit with regard to certain defendants and the plaintiff closing their rights in terms of a compromise. The petitioner - defendant No.1(b) is before the court seeking expeditious disposal of the suit. 3. In the light of the suit being of the year 2007 and re-numbered to the year 2009 admittedly and languishing in the court for the last 16 or 18 years as the case would be, I deem it appropriate to dispose of the petition infusing finality into the proceedings with a direction to the concerned court to conclude the proceedings within the outer limit of 6 months, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE
SS List No.: 1 Sl No.: 43 CT: BHK