- 1 - HC-KAR NC: 2025:KHC:45648 W.P. No.23387/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.23387/2025 (GM-CPC) BETWEEN: SRI. CHINNASWAMY REDDY S/O KURLIAH ALIAS MUNIVENKATAPPA AGED ABOUT 84 YEARS R/AT ANDAPURA VILLAGE NEAR BOMMASANDRA KODI ATHIBELE, ANEKAL TALUK BANGALORE RURAL -560099. …PETITIONER (BY SRI. GAURAV, ADV., FOR SRI. RANGANATH REDDY, ADV.,) AND: 1. SRI. K. THIMMARAYA REDDY AGED ABOUT 83 YEARS S/O KURLAIAH @ MUNIVENKATAPPA R/AT NO.2/3A, BOMMASANDRA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BANGALORE URBAN DISTRICT. 2. SRI. ARUN KUMAR .R S/O LATE RAVINDRA REDDY AGED ABOUT 31 YEARS. 3. SRI. NAVEEN KUMAR .R S/O LATE RAVINDRA REDDY AGED ABOUT 29 YEARS. 4. MASTER. RUSHIK REDDY .A S/O ARUN KUMAR .R AGED ABOUT 5 YEARS (SINCE MINOR, REP. BY HIS MOTHER SMT. GEETHA V, AS A NATURAL GUARDIAN) Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:45648 W.P. No.23387/2025 5. MASTER VIHAAN S/O NAVEEN KUMAR .R AGED ABOUT 3 YEARS (SINCE MINOR REPRESENTED BY HIS MOTHER SMT. RANJITHA V AS A NATURAL GUARDIAN). R2 TO R5 ARE RESIDING AT BOMMSANDRA VILLAGE AND POST HEELALIGE ROAD NEAR KODANDARAMASWAMY TEMPLE ATTIBELE, ANEKAL TALUK BANGALORE URBAN DISTRICT 560099. 6. SRI. SHIVARAJA REDDY S/O K. THIMMARAYA REDDY AGED ABOUT 48 YEARS R/AT NO.2/3A, BOMMASANDRA VILLAGE ATTIBELE, ANEKAL TALUK BANGALORE URBAN DISTRICT-560099. …RESPONDENTS (BY SMT. G.R. VEDA VENKAMAMBA, ADV., FOR SRI. V.B. SHIVAKUMAR, ADV.,) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS, IF NECESSARY. ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY WRIT TO PASS NECESSARY DIRECTIONS TO THE SENIOR CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL IN O.S.NO. 1029/2021 TO EXPEDITE THE HEARING AND DISPOSAL OF THE SAID CASE, PREFERABLY WITHIN A FIXED TIME FRAME SUCH AS SIX MONTHS OR ANY OTHER TIME AS DEEMED JUST AND APPROPRIATE BY THIS HONBLE COURT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:45648 W.P. No.23387/2025 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking the following reliefs: i. Call for records, if necessary. ii. Issue writ in the nature of mandamus or any writ to pass necessary directions to the Senior Civil Judge and JMFC, Anekal, Bengaluru Rural in Annexure-A in O.S.No.1029/2021 to expedite the hearing and disposal of the said case, preferably within a fixed time frame such as six months or any other time as deemed just and appropriate by this Hon'ble Court in the interest of justice and equity." 2. Sri.Gaurav, learned counsel appearing for the petitioner submits that the petitioner has filed a suit for the relief of declaration and injunction and the petitioner- plaintiff is aged about 85 years despite making repeated request to the trial Court, the trial Court is not proceeding with the suit expeditiously. It is submitted that the petitioner-plaintiff wanted to see the adjudication of the suit during his lifetime. Hence, he seeks to issue - 4 - HC-KAR NC: 2025:KHC:45648 W.P. No.23387/2025 appropriate direction to the trial Court to dispose of the suit within a period of six months. 3. Per contra, Smt.G.R.Vedavenkamamba, learned counsel appearing for the respondents-defendants opposed the petition and submits that the suit is of the year 2021 and no mandamus can be issued to the trial Court to dispose of the suit in a time bound manner. It is submitted that the pleadings in the suit is completed and the plaintiff's evidence has been recorded and the trial Court would consider the urgency and dispose of the suit in accordance with law. Hence, seeks to dismiss the petition. 4. I have heard arguments of the learned counsel for the petitioner, learned counsel for the respondents and meticulously perused the material available on record. 5. The petitioner has filed a suit in O.S.No.1029/2021 seeking the relief of declaration and that the release deed dated 21.08.2021 executed by - 5 - HC-KAR NC: 2025:KHC:45648 W.P. No.23387/2025 defendant No.1 in favour of defendant No.6 is vitiated by fraud and further declaration that the release deed dated 21.08.2021 executed by defendant No.2 in favour of defendant No.4 is vitiated by fraud and also further declaration that the release deed dated 21.08.2021 executed by defendant No.3 in favour of defendant No.5 are not binding on the petitioner-plaintiff and sought restraining order against the defendants. It is noticed that the suit is of the year 2021 and now the suit is at the stage of trial. Considering the material available on record, I am of the considered view that no positive mandamus can be issued to the trial Court to dispose of the case within a time bound manner. However, taking note of the fact that the petitioner-plaintiff is aged about 85 years and the suit is pending from the year 2021, the trial Court is directed to consider the pending cases before it and give priority to the present suit and dispose of the same in accordance with law. - 6 - HC-KAR NC: 2025:KHC:45648 W.P. No.23387/2025 6. With the aforesaid observations, the present petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 17