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2026 DAILYLAW 10157 (KAR)

SMT. CHINNAMMA v. SRI SHAKUNTALAMMA

WP/6043/2026 · 2026-03-17

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15594 WP No. 6043 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6043 OF 2026 (GM-CPC) BETWEEN: 1. SMT. CHINNAMMA D/O LATE. VENKATARAMANAPPA, AGED ABOUT 68 YEARS, R/AT JARAKALAHATTI VILLAGE, SANDALAPALLI POST, DENKNIKOTE TALUK, KRISHNAGIRI DISTRICT, PIN NO.635 107. 2. SRI. V. RAJAPPA S/O LATE VENKATARAMANAPPA, AGED ABOUT 63 YEARS, R/AT SOLUR VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562107. 3. SRI. SADANANDA S/O LATE MUNIYAPPA, AGED ABOUT 48 YEARS, R/AT ONNALAVADI VILLAGE AND HOBLI, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMILNADU STATE-635109. …PETITIONERS (BY SRI. LEELADHAR H P., ADVOCATE) AND: 1. SRI. SHAKUNTALAMMA W/O LATE RAMAIAH, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15594 WP No. 6043 of 2026 AGED ABOUT 68 YEARS. 2. SMT. NAGAVENI, D/O LATE RAMAIAH, AGED ABOUT 46 YEARS. 3. SMT. MANGALA D/O LATE RAMAIAH, AGED ABOUT 45 YEARS. SL. NO.1 TO 3 ARE R/AT SOLUR VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562107. 4. SRI. C. NAGARAJU S/O LATE GOWRAMMA, AGED ABOUT 51 YEARS, R/AT MUNIYAPPA LAYOUT, BIDARAGERE ROAD, LAKSHMI THEATER NEAR, ANEKAL TOWN, BENGALURU DISTRICT-562107. 5. SRI. K. M. NAGARAJU S/O LATE M. KULLAPPA, AGED ABOUT 54 YEARS, R/AT MENASIGANAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562107. 6. SRI. BADRA REDDY S/O LATE RAMAREDDY, AGED ABOUT 54 YEARS, R/AT LAKSHMISAGARA VILLAGE, ATTIBELEHOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562107. 7. SRI. SHEKAR N. S/O LATE NARAYANAPPA L, AGED ABOUT 50 YEARS, - 3 - HC-KAR NC: 2026:KHC:15594 WP No. 6043 of 2026 R/AT SOLUR VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562107. AND ALSO R/AT NO.37, SMILEY GREEN, NEAR ESTATE CLUB, GULIMANGALA, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562107. 8. SMT. STELLA MARY C. F. W/O STEPHEN M. J., AGED ABOUT 57 YEARS, R/AT NO.10/11, MUNISWAMAPPA LAYOUT, 2ND MAIN, KAVALABYRASANDRA, RT NAGAR POST, BENGALURU- 560 032. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ORDER OR DIRECTION IN THE FORM OF WRIT DIRECTING THE LEARNED HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC ANEKAL IN OS NO. 827/2023 THE DELAY IN LONG ADJOURNMENTS SO FOR PROCESS FROM 14.07.2023 TILL 23.03.2026 IN ADJOURNING THE MATTER ONLY FOR PROCESS, AND TO GIVE SHORT DATE TO ENABLE THE PETITIONER TO EXECUTE THE COURT SUMMONS IN ACCORDANCE WITH LAW UNDER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 4 - HC-KAR NC: 2026:KHC:15594 WP No. 6043 of 2026 ORAL ORDER 1. In this writ petition, the petitioners have sought the following reliefs: a) Issue writ of mandamus or order or direction in the form of writ directing the learned Hon’ble Principal Senior Civil Judge and JMFC, Anekal, in O.S.No.827/2023 the delay in long adjournments so for process from 14.07.2023 till 23.03.2026 in adjourning the matter only for process, and to give short date to enable the petitioner to execute the court summons in accordance with law under Annexure-A. b) Any order or orders, writ or direction in the form of writ as this Hon’ble Court deems fit under the circumstances of the case, in the ends of justice. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiffs filed a suit in O.S.No.827/2023 before the Trial Court seeking relief of declaration and injunction. - 5 - HC-KAR NC: 2026:KHC:15594 WP No. 6043 of 2026 4. Learned counsel appearing for the petitioners- plaintiffs submits that the suit was filed in the year 2023, and till date, summons have not been issued to the respondents-defendants. It is further submitted that the Trial Court has been adjourning the matter on one pretext or another by granting long dates. Hence, a direction is sought to the Trial Court to dispose of the suit within a stipulated time frame. 5. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the suit as expeditiously as possible. 6. Accordingly, the following order is passed: ORDER a) Writ petition is disposed of. b) The Trial Court is directed to dispose of the suit i.e., O.S.No.827/2023 as expeditiously as - 6 - HC-KAR NC: 2026:KHC:15594 WP No. 6043 of 2026 possible, not later than one year from the date of receipt of certified copy of this order, provided there is no order of stay of the said proceedings granted by any Court of law. c) Parties are directed to co-operate for early disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 22