- 1 - HC-KAR NC: 2025:KHC:36756 WP No. 27692 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27692 OF 2024 (GM-CPC) BETWEEN: SMT. VIJAYAMMA W/O LATE SRI CHINNAPPA D/O LATE SRI MUNIVENKATAPPA AGED ABOUT 57 YEARS R/AT NO.135, CHINNAPPA BUILDING, 2ND MAIN ROAD, IST CROSS, SRINIVAGILU, VIVEKNAGAR POST, BENGALURU-560047 …PETITIONER (BY SRI VINAYAK KULKARNI, ADVOCATE) AND: 1. SRI MUNIVENKATAPPA S/O LATE YELLAPPA, R/AT MUGABALA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562114 2. SMT RADHA W/O GOPALAPPA, SINCE DECEASED REPRESENTED BY HER LEGAL HEIR, SMT. KAVITHA, D/O LATE RADHA, AGED ABOUT 38 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36756 WP No. 27692 of 2024 R/AT MUGABALA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562114 3. SMT. INDUMATHI W/O LATE NAGARAJU, AGED ABOUT 59 YEARS, R/AT MUGABALA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562114 4. SMT. NALINAMMA W/O LATE NAGARAJAPPA, AGED ABOUT 55 YEARS, R/AT MUGABALA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562114 5. SRI VINOD KUMAR S/O LATE NAGARAJAPPA, AGED ABOUT 36 YEARS, R/AT MUGABALA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562114 6. THE TAHSILDAR OFFICE OF THE TAHSILDAR, HOSKOTE TALUK, HOSKOTE, BANGALORE RURAL DISTRICT, HOSKOTE-560067 …RESPONDENTS (BY SRI OMKARA N., ADVOCATE FOR R2; SRI M.RAJAKUMAR, AGA FOR R6; R4 AND R5 ARE SERVED NOTICE TO R1 TO R3 IS DISPENSED WITH VIDE ORDER DATED 26.03.2025) - 3 - HC-KAR NC: 2025:KHC:36756 WP No. 27692 of 2024 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS.SET ASIDE THE IMPUGNED ORDER PRODUCED AT ANNX-A PASSED BY THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, HOSKOTE DTD. 24.09.2024 IN FDP NO. 01/2012 IN PURSUANCE OF JUDGMENT AND DECREE IN O.S.NO. 185/1998 DTD. 17.10.2006 DISMISSED AS NOT PRESSED CONSEQUENTLY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court seeking the following prayer: "WHEREFORE, it is respectfully prayed this Hon'ble Court may kindly be pleased to; 1. Call for the records; and 2. Issue a Writ of Certiorari / any other writ in the nature of mandamus or otherwise, setting aside the impugned order produced at Annexure-A passed by the Hon'ble Principal Civil Judge and JMFC, Hoskote dated 24.09.2024 in FDP No. 01/2012 in pursuance of judgment - 4 - HC-KAR NC: 2025:KHC:36756 WP No. 27692 of 2024 and decree in O.S. No. 185/1998 dated 17.10.2006, dismissed as not pressed, consequently, 3. Issue the Writ of Mandamus or direction to the Hon'ble Principal Civil Judge and JMFC, Hoskote dated 24.09.2024 in FDP No. 01/2012 to dispose off the FDP No. 01/2012 in pursuance of judgment and decree in O.S. No. 185/1998 dated 17.10.2006, within the period of six months, modifying the preliminary decree passed in O.S. No. 185/1998 dated 17.10.2006 allotting 14th share to the petitioner in the suit schedule properties 4. Issue such other order or direction this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice." 2. The petitioner is defendant No.3. A suit in O.S.No.185/1998 is instituted by respondent Nos.4 and 5 against the petitioner and others seeking partition and separate possession. Certain proceedings have happened and the matter is now pending before the concerned Court in FDP.No.1/2012. The petitioner is before this court seeking a direction for expeditious disposal of the Final Decree Proceedings in FDP.No.1/2012. 3. In the light of the prayer being innocuous and the execution proceedings pending before the concerned Court for the last 13 years, I deem it appropriate to infuse finality to the proceedings, directing the concerned Court to dispose the - 5 - HC-KAR NC: 2025:KHC:36756 WP No. 27692 of 2024 execution proceedings, within an outer limit of three(3) months from the date of receipt of the copy of this order, if not earlier. Sd/- (M.NAGAPRASANNA) JUDGE PHM List No.: 2 Sl No.: 20