- 1 - HC-KAR NC: 2025:KHC:45649 W.P. No.26021/2025 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.26021/2025 (GM-CPC) BETWEEN: SRI. MUNIYAPPA S/O LATE BUDDAPPA SINCE DIED REPTD. BY HIS LEGAL REPRESENTATIVE. SRI. SUMAN .R S/O RAJAPPA AGED ABOUT 42 YEARS R/AT HORAMAVU VILLAGE K.R. PURAM HOBLI BENGALURU EAST TALUK. …PETITIONER (BY SRI. CHANDRASHEKAR C, ADV.,) AND: 1. SRI. C. MUNINARAYANAPPA S/O CHIKKANARAYANAPPA AGED ABOUT 51 YEARS R/AT BHEEMAPURA VILLAGE NANDAGUDI HOBLI, HOSKOTE TALUK BANGALORE RURAL DISTRICT-562114. 2. SMT. UMADEVI W/O DEVARAJ AGED ABOUT 59 YEARS R/AT NO.100, 6TH CROSS M.V.LAYOUT BANGALORE RURAL DISTRICT HOSKOTE-562114. …RESPONDENTS Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:45649 W.P. No.26021/2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI/MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER TO THE HON'BLE SENIOR CIVIL JUDGE, AT HOSKOTE, FOR ADJUDICATION OF THE SUIT IN O.S.NO.1325/2022 (OLD OS.NO.1652/2021) PENDING BEFORE THE HON'BLE SENIOR CIVIL JUDGE, AT HOSKOTE, BY FIXING TIME FRAME FOR SPEEDY DISPOSAL & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking the following relief: i) Issue a Writ of Certiorari/mandamus or any other appropriate Writ, direction or order to the Hon'ble Senior Civil Judge, at Hoskote, for adjudication of the suit in O.S.No.1325/2022 (old OS.No.1652/2021) pending before the Hon'ble Senior Civil Judge, at Hoskote, by fixing time frame for speedy disposal." 2. Sri.Chandrashekar C., learned counsel for the petitioner submits that the petitioner-plaintiff has filed a suit for declaration that the petitioner-plaintiff is the absolute owner in peaceful possession and enjoyment of the suit schedule property and also sought declaration that the agreement of sale dated 26.12.2013 executed by - 3 - HC-KAR NC: 2025:KHC:45649 W.P. No.26021/2025 defendant No.1 in favour of defendant No.2 in respect of suit schedule property is not binding on the petitioner- plaintiff. It is submitted that the suit before the trial Court is not proceeded as the respondents-defendants are obstructing and causing delay in disposal of the said suit. It is further submitted that the petitioner-plaintiff has acquired right over the suit schedule property by virtue of the order of the Land Tribunal and unless the suit is disposed of, the petitioner-plaintiff would not be able to enjoy the property. Hence, he seeks to issue direction to the trial Court to dispose of the suit within a time frame. 3. I have heard arguments of the learned counsel for the petitioner and meticulously perused the material available on record. 4. The petitioner-plaintiff has filed O.S.No.1652/2021 seeking the relief of declaration that the plaintiff is the absolute owner in peaceful possession and enjoyment of the schedule property and further relief of declaration that the registered agreement of sale dated - 4 - HC-KAR NC: 2025:KHC:45649 W.P. No.26021/2025 26.12.2013 executed by defendant No.1 in favour of defendant No.2 is not binding on him and further relief of injunction against the defendants. The relief sought in the present petition is to issue direction to the trial Court to dispose of the suit by fixing the time frame. 5. It is trite law that the Court, exercising power under Article 227 of the Constitution of India, cannot issue positive mandamus to the trial Court to dispose of the matter in a time bound manner. However, considering the urgency pleaded, the trial Court is directed to consider the disposal of the suit as early as possible taking into account the pendency of old cases before it. 6. With the above observation, the writ petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR/List No.: 1 Sl No.: 27