- 1 - HC-KAR NC: 2025:KHC:38464 WP No. 20078 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20078 OF 2025 (GM-CPC) BETWEEN: M/S KUNAL ENTERPRISES A REGISTERED PARTNERSHIP FIRM, NO.37/9, 4TH CROSS, K.S. GARDEN, LALBAGH ROAD, BANGALORE - 560 027 REPRESENTED BY ITS PRESENT PARTNER SMT. KEERTHANA, W/O. SRI. RAVIPRASAD AGED ABOUT 37 YEARS …PETITIONER (BY SRI. SUNIL S. RAO, ADVOCATE FOR SRI. T. SESHAGIRI RAO, ADVOCATE) AND: 1. SMT. H K PRABHAVATHI W/O. SRI. R.K. PANARINATH, AGED ABOUT 52 YEARS, RESIDING AT NO.37/11, GURUSINCHANA, A.N. GUPTA LAYOUT, 2ND CROSS, LAKKASANDRA, BANGALORE SOUTH, BENGALURU - 560 030. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38464 WP No. 20078 of 2025 2. SMT. H K UMADEVI W/O SRI. P.H. KRISHNA REDDY, AGED ABOUT 50 YEARS, RESIDING AT NO.39/3, 2ND CROSS, LAKKASANDRA, BANGALORE SOUTH, BENGALURU - 560 030. 3. SMT. HEMAVATHI H.K W/O. SRI. SOMASHEKARA REDDY, AGED ABOUT 48 YEARS, RESIDING AT HORAMAVU 2ND CROSS, B.Y. NARAYANAREDDY LAYOUT, BANGALORE NORTH, BENGALURU - 560 043 4. SMT. SUJATHA H.K. W/O. SRI. VENKATESH M.J. AGED ABOUT 46 YEARS, R/AT NO 729, 10TH MAIN 8TH CROSS, BTM 2 STAGE, MICO LAYOUT, BELEKAHALLI, BANGALORE SOUTH - 560 076. 5. SRI. PRASHANTH H.K. S/O. SRI. KRISHNAPPA H.R. AGED ABOUT 42 YEARS, RESIDING AT NO.39/3, 2ND CROSS, LAKKASANDRA, BANGALORE SOUTH, BENGALURU - 560 030. 6. SMT. B. RUKMINI, D/O. LATE BACHAPPA, AGED ABOUT 64 YEARS, R/AT NO.30, 4TH CROSS, CHINNAYANA PALYA, - 3 - HC-KAR NC: 2025:KHC:38464 WP No. 20078 of 2025 BANGALORE - 560 030. 7. SMT. B. KALYANAMMA, D/O. LATE BACHAPPA, AGED ABOUT 62 YEARS, R/AT NO. 197, DODATHOGURU, ELECTRONIC CITY POST, BENGALURU - 560 100. 8. SMT. B. INDIRAMMA, D/O. LATE BACHAPPA, AGED ABOUT 61 YEARS, R/AT NO.1200, 1ST BLOCK, DODDATHAGURU, ELECTRONIC CITY POST, BANGALORE - 560 100. 9. SMT. B. RADHAMMA, D/O LATE BACHAPPA AGED ABOUT 53 YEARS, R/AT NO.111, DODDATHOGURU, ELECTRONIC CITY POST, BANGALORE - 560 100. 10. SMT. B PUSHPA W/O. LATE B. V. CHANGALARAYA REDDY AGED ABOUT 57 YEARS, R/AT NO.14, 14TH A CROSS, 29TH MAIN, BTM 2ND STAGE, BANGALORE - 560 076. 11. SRI. B. CHANDRASHEKAR, S/O. LATE BALYANNA, AGED ABOUT 55 YEARS, NO.90, 5TH MAIN, CHINNAYANAPALYA, - 4 - HC-KAR NC: 2025:KHC:38464 WP No. 20078 of 2025 BANGALORE - 560 030. 12. SMT. B. BHAGYALAKSHMI, W/O. M. CHANDRAPPA, AGED ABOUT 41 YEARS, R/AT NO.536, 3RD A CROSS, HRBR LAYOUT, 3RD BLOCK, KACHARAKHANAHALLI, BANGALORE - 560 084. 13. SRI. B. BHASKAR, S/O. LATE BAIYANNA, AGED ABOUT 51 YEARS, R/AT. NO.90, 5TH MAIN, CHINNAYANAPALYA, BANGALORE - 560 030 14. SRI. B. SATHISH, S/O LATE BAIYANNA AGED ABOUT 49 YEARS, R/AT. NO.90, 5TH MAIN, CHINNAYANAPALYA, BANGALORE - 560 030. 15. SMT. B. SUCHITRA, W/O. BACHEEGOWDA, AGED ABOUT 45 YEARS, CHIKKABALLAPURA, DASARAHALLI CHINTAMANI ROAD, HOSKOTE TALUK, BANGALORE DISTRICT - 560 038. 16. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/3, 2ND FLOOR, R.P. BUILDING, NRUPTHUNGA ROAD, BANGALORE - 560 001. - 5 - HC-KAR NC: 2025:KHC:38464 WP No. 20078 of 2025 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 17. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. JWALA KUMAR, ADVOCATE FOR R-1 TO R-15; SMT. RASHMI M. RAO, HCGP FOR R-17; SRI. H.N. VASUDEVAN, ADVOCATE FOR R-16) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING OF THE IMPUGNED ORDER DATED 21/04/2005 ONE PASSED BY THE II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT ON IA NO. III IN OS NO. 1250/2012, FOUND AT ANNEXURE-A TO WP AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:38464 WP No. 20078 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "a. Issue a Writ of Certiorari or any other Writ or order or direction for quashing of the impugned order dated 21.04.2005 one passed by the II Additional Civil Judge, Bengaluru Rural District on I.A.No. III in O.S.No.1250/2012, found at Annexure 'A' to the Writ Petition; b. And to grant such other relief or reliefs, which this Hon'ble Court deems fit to grant under the circumstances of the case including awarding of cost." 2. Heard Sri. Sunil S., learned counsel appearing for the petitioner, Sri. Jwala Kumar, learned counsel appearing for respondent Nos.1 to 15, Smt. Rashmi M. Rao, learned counsel appearing for respondent No.17, Sri. H.N. Vasudevan, learned counsel appearing for respondent No.16 and have perused the material on record. - 7 - HC-KAR NC: 2025:KHC:38464 WP No. 20078 of 2025 3. What drives the petitioner to this Court in the subject petition is, the allowing of an application filed under Order VI Rule 17 of the CPC by the respondents. 4. Owing to the submissions of the learned counsel for the parties, the parties were referred to Mediation, by two orders, which reads as follows: On 01.09.2025: "Sri H.N.Vasudevan, learned counsel is directed to accept notice for respondent No.16 - KIADB. Sri Jwala Kumar, learned counsel submits that he has entered appearance for respondent Nos.1 to 15. Learned counsel for petitioner to serve requisite sets of petition papers upon the aforesaid learned counsel, forthwith, if required. Registry to print the names of the aforesaid learned counsel, as appearing for respective respondents, on the cause list. Learned counsel for the petitioner submits that if the parties are referred to mediation, there could be chances of settlement and complete closure of the proceedings. In that light, the parties shall appear before the Karnataka Mediation Center, High Court Buildings, on 12.09.2025 at 03.00 p.m. List the matter on 15.09.2025. - 8 - HC-KAR NC: 2025:KHC:38464 WP No. 20078 of 2025 On 15.09.2025: In terms of the order dated 01.09.2025, the parties are before the Karnataka Mediation Centre, High Court Buildings, Bengaluru. List the matter on 24.09.2025." 5. The parties have sought to mediate, but the Mediation has not yielded any fruits. 6. Learned counsel appearing for the petitioner would now submit that the petitioner and the respondents are agreeable for a settlement with regard to the road, but the KIADB, which is now forming the road, is not accepting the settlement. Therefore, it is in the fitness of the things, the learned counsel appearing for the petitioner and the respondents would submit that, if a direction is issued to the concerned Court to dispose the petition within a timeframe, would suffice for the present. 7. In the light of the issue being agitated for the last 13 years and the issue being one of easementary rights, I deem it appropriate to direct the concerned Court to dispose the suit of the year 2012, within an outer limit of - 9 - HC-KAR NC: 2025:KHC:38464 WP No. 20078 of 2025 four (4) months from the date of receipt of a copy of this order, if not earlier, in accordance with law. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 53 CT:BHK