- 1 - HC-KAR NC: 2025:KHC:47776 WP No. 34511 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 34511 OF 2025 (GM-CPC) BETWEEN: SMT R SUJATHA W/O B N RAJKUMAR AGE ABOUT 53 YEARS R/A AMMA NIVASA, NO.J-51, 1ST CROSS 1ST MAIN, PIPELILNE ROAD, ANJANEYA BLOCK SHESHANDRIPURAM BENGALURU 560020 …PETITIONER (BY SRI. PRASANNA D.P., ADVOCATE) AND: MALLESH S/O KARIYAPPA R/A PHALLIDODDI VILLAGE UJJANAHALLI DHAKALE VIRUPAKSHIPURA HOBLI CHENNAPATTANNA TALUK RAMANAGARA DISTRICT PRESENTLY R/A NO.717 5TH CROSS WATER TANK ROAD, KHB COLONY MAHADESHWARANAGAR CHENNAPATTANNNA TALUK RAMANAGARA DIST 562160 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECT THE TRAIL COURT DISPOSE OF THE SUIT Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47776 WP No. 34511 of 2025 IN O.S. NO. 124/2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT CHANNAPATTANA AS PER ANNEXURE-A EXPEDITIOUSLY AS POSSIBLE IN WITH 6 MONTH., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for the petitioner. 2. This petition is filed by the plaintiff in O.S.No.124/2024 seeking the following reliefs. a) Issue a writ of Mandamus, direct the trial court dispose of the suit in O.S.No.124/2024 pending on the file of the Senior Civil Judge and JMFC at Channapattana as per ANNEXURE - A expeditiously as possible in with 6 month. b) Pass any such other orders, as the petitioner is entitled to in the facts and circumstances of the costs of the case, including cast of the proceedings in the interest of justice equity. 3. This Court does not find the need or necessity to issue notice to the respondent/defendant for the reason - 3 - HC-KAR NC: 2025:KHC:47776 WP No. 34511 of 2025 that the prayer sought in this petition is only for expeditious disposal of the suit in accordance with the provisions of the Specific Relief Act, 1963. 4. It is the contention of learned counsel for the petitioner, who is the plaintiff before the trial Court, that he filed a suit for specific performance of the agreement dated 24.03.2023 and for other alternative reliefs and other prayers. The respondent/defendant has entered an appearance on 02.07.2024, filed a written statement and presently the case is posted for cross-examination of PW1 and scheduled to be listed on 16.12.2025. It is the contention of learned counsel for the petitioner/plaintiff that the respondent/ defendant is protracting the proceedings despite having appeared before the Court on 02.07.2024 which is deliberate, with mala fide intentions, dragging on the proceedings and not co-operating with the Court. - 4 - HC-KAR NC: 2025:KHC:47776 WP No. 34511 of 2025 5. Learned counsel for the petitioner brings to the notice of this Court the provisions of Section 20C of the specific relief Act, 1963 which reads as under: 20C. Expeditious disposal of suits.— Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), a suit filed under the provisions of this Act shall be disposed of by the court within a period of twelve months from the date of service of summons to the defendant: Provided that the said period may be extended for a further period not exceeding six months in aggregate after recording reasons in writing for such extension by the court.] 6. In view of the provisions of Section 20C of the Specific Relief Act, 1963 and the proviso contained therein, the time period prescribed under the Act in the normal circumstances is to dispose of the Suit within a period of 12 months from the date of service of summons to the defendant. A proviso is provided that the said period may be extended by the Court for further period not - 5 - HC-KAR NC: 2025:KHC:47776 WP No. 34511 of 2025 exceeding 6 months in aggregate after recording reasons in writing for such extension by the Court. In view of the fact that the defendant is alleged to be protracting the proceedings, and that 6 months have already lapsed, this Court deems it appropriate to direct the trial Court to expeditiously dispose of the case in consonance with the provisions of Section 20C of the Specific Relief Act 1963 and its proviso, as expeditiously as possible. Accordingly, I pass the following order. ORDER The petition is allowed. 2. A direction is issued to the learned Senior Civil Judge and JMFC, Channapatna to dispose of the original suit OS No.124/2024 expeditiously keeping in mind the provisions of Section 20C of the Specific Relief Act 1963 and the proviso contained therein, and record reasons for further extension of time, if any, that would be granted by the Court. - 6 - HC-KAR NC: 2025:KHC:47776 WP No. 34511 of 2025 3. Ordered accordingly. SD/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 8