- 1 - HC-KAR NC: 2025:KHC:50754 WP No. 31631 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 31631 OF 2025 (GM-CPC) BETWEEN: MR. C.MANJUNATHA AGED ABOUT 72 YEARS, S/O LATE CHIKKANNA, R/A NO 405/1-1, V.B.H.B.C.S.LAYOUT, GIRINAGAR, BANASHANKARI 3RD STAGE, 4TH PHASE, BANGALORE-560 085. …PETITIONER (BY SRI. R.A.CHANDRA SHEKARA REDDY, ADVOCATE) AND: 1. SMT. ARASAMMA AGED ABOUT 64 YEARS, W/O GANGARANGAIAH, 2. SRI. GANGARANGAIAH AGED ABOUT 77 YEARS, H/O SMT.ARASAMMA, 3. SRI. RAVINDRA AGED ABOUT 41 YEARS, S/O SMT. ARASAMMA, RESPONDENTS NO.1 TO 3 ARE R/AT: HONNENAHALLI VILLAGE, NARAGANAHALLI POST, GULUR HOBLI, Digitally signed by JAI JYOTHI J Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50754 WP No. 31631 of 2025 TUMKUR TALUK, TUMKUR DISTRICT - 572 122. …RESPONDENTS (VIDE ORDER DATED 04.12.2025, NO NOTICE ISSUED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE TRIAL COURT TO DISPOSE OF THE E.X.NO.131/2019 PENDING ON THE FILE OF PRL. CIVIL JUDGE, TUMAKURU VIDE ANNEXURE-A AT THE EARLIEST AND FOR SUCH OTHER RELIEFS WRIT DIRECTIONS, DECLARATIONS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The grievance of the petitioner, as articulated in the prayers of the present petition, is below: "WHEREFORE, the petitioner prays for a writ directing the Trial Court to dispose of the E.X.No.131/2019 pending on the file of Prl., Civil Judge, Tumakur vide ANNEXURE-A at the earlierst and for such other reliefs, writ directions, declarations and orders as this Hon'ble Court may deem fit to grant including the costs of this petition." 1.1. Given the limited nature of prayer, it is not apposite to issue notice to the respondents. - 3 - HC-KAR NC: 2025:KHC:50754 WP No. 31631 of 2025 2. Learned counsel for the petitioner submits that the petitioner was the plaintiff before the learned Trial Court in O.S.No.171/2017 and by a judgment and decree dated 25.03.2019, the learned Trial Court partly decreed the suit and directed the defendants to execute a registered Sale Deed within three months and hand over the possession. The judgment further sets out that the possession would be handed over with the specific recital that the defendants would have a right of way in the form of the road in suit schedule item No.3 property to reach their properties. 3. The relevant extract of the judgment is set out below: "ORDERS The suit of the plaintiff is hereby partly decreed with costs. The defendants are hereby directed to execute the registered sale deed in respect of the suit schedule properties in favour of the plaintiff within 3 months from the date of this order by receiving - 4 - HC-KAR NC: 2025:KHC:50754 WP No. 31631 of 2025 balance sale consideration of Rs.30,60,000/- by handing over the possession thereof with specific recital therein that the defendants have right of way in the form of road in suit schedule item No.3 property properties to reach their properties. If the defendants are failed to do so, the plaintiff is entitled to get the registered sale deed executed in respect of the suit schedule properties and to take its possession with specific recital as stated above by depositing balance sale consideration amount of Rs.2,50,000/- (excluding Rs.27,10,000/- already deposited before this Court) before this court on or before 26.06.2019." [Emphasis supplied] 4. Learned counsel for the petitioner submits that the judgment refers to the item No.3 property as set out in the plaint. The relevant extract of the plaint is set out below: 3. The landed property bearing Sy.No.28/2, measuring 0.02 guntas excluding kharab of 0.02 guntas, Asst. at Rs.0-05 paise, situated at - 5 - HC-KAR NC: 2025:KHC:50754 WP No. 31631 of 2025 Honnenahlli village, Gulur Hobli, Tumakur Taluk and the same is bounded on:- East by: Remaining Land belongs to You No.1., West by: Government Road, North by: Government Road and Thereafter the Landed property belongs to Patel MuniRangaiah South by: Landed property belonged to Narasaiah." [Emphasis supplied] 5. Learned counsel for the petitioner submits that despite the decree being passed in 2019 and the execution proceedings being filed by the petitioner in the same year itself and the decree has not been executed. Learned counsel further submits that it has now been six long years since the decree was passed and that the only prayer of the petitioner is that the learned Trial Court to dispose of the matter at the earliest. 6. Given the fact that the matter has been pending for the last six years, this Court deems it apposite to direct the learned Trial Court to adjudicate the objections of the respondents within a period of three months from today. - 6 - HC-KAR NC: 2025:KHC:50754 WP No. 31631 of 2025 7. The petition is disposed of in the terms mentioned above. Sd/- (TARA VITASTA GANJU) JUDGE SJK List No.: 1 Sl No.: 12