- 1 - NC: 2025:KHC-D:2550 WP No. 107237 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107237 OF 2024 (GM-CPC) BETWEEN: MOHAMMED ABDUL @ ABDULLA S/O. PESHMAN MOHAMMED AMEEN SAB, AGE: 72 YEARS, OCC: CARPENTER, R/O. JAGRUTHI NAGAR, COWL BAZAAR, BALLARI-583102. …PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE) AND: 1. MOHAMMED ABDUL HADI @ ABDUL HADI S/O. LATE PESHMAN MOHAMMED AMEEN SAB, AGE: 74 YEARS, OCC: CARPENTER R/O. KAWADI STREET, KAMELA ROAD, COWL BAZAAR, BALLARI-583102. 2. SMT. MARIYAM BEE W/O. ABDUL RAHIMAN SAB, AGE: 66 YERAS, OCC: HOUSEWIFE, R/O. 786/C, A PLAZA, 1ST FLOOR, LAGUNDI ONI, NEAR HOTEL JAINIL, OPP. BHAGAVAN COLLECTIONS, KOLHAPUR-416003. 3. FAZLU SHAIK S/O. LATE ABDUL RAHIMAN SAB, AGE: 46 YEARS, OCC: HOUSEWIFE, RESIDENT OF NO.786/C, A PLAZA, 1ST FLOOR, LAGUNDI ONI, NEAR HOTEL JAINIL, OPP. BHAGAVAN COLLECTIONS, KOLHAPUR-416003. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 11:54:40 +0530 - 2 - NC: 2025:KHC-D:2550 WP No. 107237 of 2024 4. KHUTIJA SHAIK D/O. LATE ABDUL RAHIMAN SAB, AGE: 44 YEARS, OCC: HOUSEWIFE, RESIDENT OF NO.786/C, A PLAZA, 1ST FLOOR, LAGUNDI ONI, NEAR HOTEL JAINIL, OPP. BHAGAVAN COLLECTIONS, KOLHAPUR-416003. 5. RASHEEDA D/O. LATE ABDUL RAHIMAN SAB, AGE: 43 YEARS, OCC: HOUSEWIFE, RESIDENT OF NO.786/C, A PLAZA, 1ST FLOOR, LAGUNDI ONI, NEAR HOTEL JAINIL, OPP. BHAGAVAN COLLECTIONS, KOLHAPUR-416003. 6. FATHIMA D/O. LATE ABDUL RAHIMAN SAB, AGE: 41 YEARS, OCC: HOUSEWIFE, RESIDENT OF NO.786/C, A PLAZA, 1ST FLOOR, LAGUNDI ONI, NEAR HOTEL JAINIL, OPP. BHAGAVAN COLLECTIONS, KOLHAPUR-416003. …RESPONDENTS (NOTICE TO RESPONDENTS DISPENSED WITH V/O. DATED 10/02/2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR ORDER OR DIRECTION BY DIRECTING THE LEARNED II ADDITIONAL SENIOR CIVIL, BALLARI TO DISPOSE OF THE FINAL DECREE PROCEEDINGS WITHIN A REASONABLE PERIOD IN FDP NO.9/2017 (ARISING OUT OF A PRELIMINARY DECREE FOR PARTITION IN O.S. NO.418/2017), IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2550 WP No. 107237 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents is dispensed with in view of proposed order to be passed. 2. The petitioner is before this Court seeking the following relief: i. Issue writ in the nature of Mandamus or Order or direction by directing the Learned II Additional Senior Civil, Ballari to dispose of the Final Decree Proceedings within a reasonable period in FDP No.9/2017 (arising out of a preliminary decree for partition in O.S. No.418/2017), in the interest of justice and equity. ii. Issue any other appropriate Writ or Order or Direction which deems fit to pass, by this Hon’ble Court under the facts and circumstances of the case. 3. What is essentially sought for by the petitioner is for a direction to the II Additional Senior Civil Judge, Ballari to dispose of the FDP proceedings in FDP No. 9 of 2017, which is stated to be pending from the year 2017. 4. A perusal of the order sheet indicates that several applications which have been filed have been - 4 - NC: 2025:KHC-D:2550 WP No. 107237 of 2024 considered by the FDP Court from time to time. Hence, no fault could be found with the FDP Court for the proceedings to have been pending till now. The FDP Court would pass necessary orders in the said proceedings on the basis of the applications which have been filed since those would also have to be considered, and as such, I do not deem it fit to issue any direction in the present matter. Hence, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 13