Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39812 WP No. 28879 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 28879 OF 2025 (GM-CPC) BETWEEN:
1.
SRI SHIVAMADAIAH, S/O LATE KENCHAIAH, AGED ABOUT 70 YEARS, R/AT NO.3329, 2ND STAGE, R.P.C. LAYOUT, VIJAYANAGAR, BANGALORE - 560 040.
2.
SRI PUTTAIAH, S/O LATE VEERANNA GOWDA, AGED ABOUT 80 YEARS, R/AT NO.1042/997, 1ST MAIN ROAD, HOUSING BOARD COLONY, BASAVESHWARANAGAR, BANGALORE - 560 053. …PETITIONERS (BY SMT.SPOORTHY HEGDE N., ADVOCATE)
AND:
1. KALAVATHI, D/O HANUMANTHARAYAPPA, AGED ABOUT 34 YEARS.
2. ROOPA, D/O HANUMANTHARAYAPPA, AGED ABOUT 32 YEARS,
BOTH ARE R/AT RAMESHWARANAGARA, NEAR SHANESHWARA TEMPLE, ANDRAHALLI MAIN ROAD, BANGALORE - 560 091.
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39812 WP No. 28879 of 2025
3. PUSHPALATHA, D/O GAMGAHANUMAIAH, AGED ABOUT 30 YEARS.
R/AT SHANESHWARANAGARA, 5TH CROSS, ASHWINI HOSTEL ROAD, ANDRAHALLI, BANGALORE - 560 091. …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO EXPEDITE THE TRIAL AND FIX TIMELINE FOR ADJUDICATION OF THE SUIT IN OS NO.411/2015 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, NELAMANGALA AND TO CONCLUDE THE SAME.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER
This petition is filed by the petitioners, who are defendant Nos.16 and 17 before the trial Court seeking a writ of mandamus for a direction to expedite the trial and fix a timeline for adjudication in suit in O.S.No.411/2015 pending on the file of the Principal Civil Judge and JMFC, Nelamangala.
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HC-KAR NC: 2025:KHC:39812 WP No. 28879 of 2025
2. This Court is not inclined to issue notice to the respondents, who are the plaintiffs before the trial Court as no relief is sought against the plaintiffs and no adverse
order is passed by this Court against the plaintiffs. The only relief sought by the petitioners-defendant Nos.16 and 17 in this case is for expeditious disposal of the suit.
3. It is the contention of the learned counsel for petitioners that the respondents-plaintiffs had filed a suit for partition and separate possession, a written statement had been filed and thereafter, the matter was listed for recording of evidence and it was concluded by PW.1, so also, the evidence of both the parties is completed. Thereafter, the respondents-plaintiffs had filed an application for amendment of the plaint. The said application is yet to be heard.
4. Learned counsel for petitioners contended that the respondents-plaintiffs are deliberately prolonging and
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HC-KAR NC: 2025:KHC:39812 WP No. 28879 of 2025
protracting the proceedings only with an intention to harass the petitioners, who are aged more than 70 years.
5. It is seen that the original suit is of the year 2015 and the recording of evidence of both the parties has been concluded.
6. Considering the fact that the suit is of the year 2015, this Court is inclined to direct the trial Court to expedite the matter in accordance with law.
7. Accordingly, I pass the following:
ORDER i. This petition is allowed; ii. A direction is issued to the Civil Judge and JMFC, Nelamangala to conclude the trial of the proceedings in O.S.No.411/2015 within an outer limit of six months from the date of receipt of a copy of this order;
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HC-KAR NC: 2025:KHC:39812 WP No. 28879 of 2025
iii. It is made clear that this Court has not expressed any opinion on the merits of the matter.
Sd/- (PRADEEP SINGH YERUR) JUDGE
CPN List No.: 1 Sl No.: 10