- 1 - HC-KAR NC: 2025:KHC:27956 WP No. 19613 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19613 OF 2025 (GM-CPC) BETWEEN: 1. SMT. ELIZABETH U., W/O LATE M.P.JAYARAJ, AGED ABOUT 55 YEARS. 2. SRI.AJITH JAYARAJ @ P.J.AJITH, S/O LATE M.P.JAYARAJ AGED ABOUT 34 YEARS. SL.NO.1 & 2 ARE RESIDING AT: NO.33/1 AND 33/2, 3RD CROSS, BTS ROAD, WILSON GARDEN, BENGALURU – 560 030. …PETITIONERS (BY SMT. YAMINI MUNIRAJ, ADVOCATE) AND: 1. SMT.NASLEEM JAMAL @ ASHA AGED ABOUT 58 YEARS. 2. SMT.PRABHA W/O SRI SATISH CHANDRA AGED ABOUT 39 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27956 WP No. 19613 of 2025 3. SRI KIRAN S/O DEFENDANT NO.1 AGED ABOUT 32 YEARS, SL.NO.1 TO 3 ARE RESIDENTS AT: NO.1007, 17TH CROSS, 10TH MAIN ROAD, WILSON GARDEN BENGALURU – 560 030. 4. SMT. GAYATHRI, AGED ABOUT 55 YEARS, RESIDENT OF HOLENARASIPURA ROAD, KRISHNARAJANAGAR, MYSURU DISTRICT – 571 602. 5. SRI M.P.RAMESH S/O LATE PUTTASWAMAPPA, DEAD BY LRs 5(a). SMT.NIRMALA RAMESH W/O LATE RAMESH M.P AGED ABOUT 52 YEARS. 5(b). SRI ANUVIND S/O LATE RAMESH M.P., AGED ABOUT 23 YEARS SL.NO.5(a) AND (b) ARE RESIDING AT: NO.33/2, 3RD CROSS, B.T.S ROAD, NEAR MANDOVI MOTORS, WILSON GARDEN, BENGALURU – 560 027. - 3 - HC-KAR NC: 2025:KHC:27956 WP No. 19613 of 2025 6. SRI M.P.MANOHAR S/O LATE PUTTASWAMAPPA AGED ABOUT 66 YEARS R/AT NO.32/2, B.T.S. ROAD WILSON GARDEN BENGALURU – 560 030. 7. SRI M.P.UMESH S/O LATE PUTTASWAMAPPA, AGED ABOUT 52 YEARS, R/AT NO. 33/1 AND 33/2, 3RD CROSS, B.T.S ROAD, WILSON GARDEN BENGALURU – 560 030. 8. SMT.M.P.HEMAVATHI S/O LATE PUTTASWAMAPPA, AGED ABOUT 52 YEARS, R/AT NO. 33/1 AND 33/2, 3RD CROSS, B.T.S ROAD, WILSON GARDEN BENGALURU – 560 030. 9. SMT.M.P.JAYALAKSHMI D/O LATE PUTTASWAMAPPA, W/O SRI NAGARAJU, AGED ABOUT 65 YEARS, RESIDENT OF AMRUTHUR, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT – 572 111. 10. SMT. M. P. VANITHA D/O LATE PUTTASWAMAPPA, AGED ABOUT 67 YEARS - 4 - HC-KAR NC: 2025:KHC:27956 WP No. 19613 of 2025 RESIDENT OF RATHNAVILAS, V. A. LAYOUT, AGED ABOUT 67 YEARS, NANJUNGUD NEAR WATER TANK, MYSURU DISTRICT – 573 101. 11. SRI.LOKESH AGED ABOUT 44 YEARS FLOWER MERCHANG. 12. SRI ANIL AGED ABOUT 36 YEARS PAYING GUEST ACCOMMODATION. 13. SRI KRISHNAPPA AGED ABOUT 58 YEARS, M/S. SANJEEVANI AMBULANCE ADDRESS OF SL.NO.11 TO 13 ARE R/AT NO.33/2, BTS ROAD, 3RD CROSS ROAD, WILSON GARDEN, BENGALURU – 560 027. 14. SMT.A.N.ROOPASHREE D/O SRI. NAGARAJU, AGED ABOUT 45 YEARS, RESIDENT OF TERUBEEDI, AMRUTHUR VILLAGE, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT – 572 111. 15. THE COMMISSIONER OF INCOME TAX C.R.BUILDING, QUEENS ROAD, - 5 - HC-KAR NC: 2025:KHC:27956 WP No. 19613 of 2025 BENGALURU 560 001. REPRESENTED BY ITS COMMISSIONER. 16. THE BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU – 560 001. REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE TRIAL COURT (THE RESPONDENTS) TO ADJUDICATE AND DISPOSE OF THE SUIT IN O.S.NO.440/2022 PENDING ON ITS FILE, WITHIN A TIME-BOUND FRAME, PREFERABLY WITHIN A PERIOD OF 8 MONTHS, OR CONSEQUENTLY DIRECTING THE HON’BLE TRIAL COURT TO DISPOSE THE PENDING APPLICATIONS WITHIN TIME BOUND MANNER IN THE INTERESTS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking a direction by issuance of a writ in the nature of mandamus to dispose O.S.No. 440 of 2022 within a time frame fixed by this court. - 6 - HC-KAR NC: 2025:KHC:27956 WP No. 19613 of 2025 2. Heard the learned counsel Smt. Yamini Muniraj, appearing for the petitioner. 3. The learned counsel for petitioner taking this Court through the documents appended to the petition would submit that the case has a checkered history with regard to the properties that are being claimed by the petitioners and each of the defendants and all of them are before the concerned Court in O.S.No.440 of 2022 seeking declaration and mandatory injunction. 4. The learned counsel for petitioner further takes this Court through the order sheet seeking to demonstrate that the matter is being adjourned from time to time for the asking of the petitioners without passing any orders and has not moved forward for the last 3 ½ years. 5. In the light of the case being of checkered history and the squabble between all the persons claiming the property of one M.P.Jayaraj, I deem it appropriate to direct the concerned - 7 - HC-KAR NC: 2025:KHC:27956 WP No. 19613 of 2025 Court, to dispose the suit within an outer limit of 9 months, from the date of receipt of the copy of this order, if not earlier. SD/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 70