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2026 DAILYLAW 11446 (KAR)

SMT D SHAKUNTHALA v. SMT SHASHIKALA

WP/27935/2025 · 2026-03-24

H T Narendra Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:16740 WP No. 27935 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27935 OF 2025 (GM-CPC) BETWEEN: SMT. D.SHAKUNTHALA, W/O. G.C.RAMAKRISHNA, AGED ABOUT 38 YEARS, RESIDING AT NO.67/2, 1ST CROSS, 1ST MAIN, AVALAHALLI, BYATARAYANAPURA BENGALURU-560 026. …PETITIONER (BY SMT. YAMINI MUNIRAJ, ADVOCATE) AND: 1. SMT. SHASHIKALA, W/O H.S.RAVI KUMAR, AGED ABOUT 36 YEARS, RESIDING AT NO.492, 10TH 'E' CROSS, SANJEEVINI NAGARA, MUDALAPALYA, BENGALURU-560 072. 2. SRI. DODDAPATALAIAH @ PATALAPPA, S/O. LATE SRI DODDA ARASAPPA, AGED ABOUT 77 YEARS, 3. SMT. SHIVAMMA, W/O SRI. DODDAPATALAIAH, AGED ABOUT 58 YEARS, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16740 WP No. 27935 of 2025 RESPONDENTS NO.2 AND 3 ARE RESIDING AT NO.67/2, 1ST CROSS, 1ST MAIN, AVALAHALLI, BYATARAYANAPURA, BENGALURU-560 026. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE TRIAL COURT (THE RESPONDENTS) TO ADJUDICATE AND DISPOSE OF THE SUIT IN O.S NO. 5263/2017 PENDING ON ITS FILE, WITHIN A TIME-BOUND FRAME, PREFERABLY WITHIN A PERIOD OF 7 MONTHS, OR CONSEQUENTLY DIRECTING THE HON’BLE TRIAL COURT TO DISPOSE THE PENDING SUIT WITHIN TIME BOUND MANNER AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-defendant No.3 has sought the following reliefs: “1) Issue a writ in the nature of Mandamus directing the Trial Court (the Respondents) to adjudicate and dispose of the suit in O.S. No. 5263/2017 pending on its file, within a time-bound frame, preferably within a period of 7 months, or consequently directing the Hon'ble Trial Court to dispose the pending suit within time bound manner in the interests of justice and equity; - 3 - HC-KAR NC: 2026:KHC:16740 WP No. 27935 of 2025 2) Grant any other suitable Order as deemed fit by this Hon'ble Court as per the facts and circumstances of this Petition.” 2. For the sake of convenience, the parties are referred to as per their ranking before the LXIX Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as ‘Trial Court’ for short) in Original Suit. 3. Respondent No.1-plaintiff filed a suit in O.S.No.5263/2017 before the Trial Court seeking relief of partition and separate possession. After issuance of suit summons, the defendants appeared and filed written statement. On the basis of the pleadings of the parties, the Trial Court has framed issues and the matter is set down for recording the evidence of the parties. The suit is of the year 2017. Therefore, the present writ petition is filed seeking for early disposal of the suit. 4. In view of the above, without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction - 4 - HC-KAR NC: 2026:KHC:16740 WP No. 27935 of 2025 to the Trial Court to dispose of the suit as expeditiously as possible. 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the suit O.S.No.5263/2017, in accordance with law and as expeditiously as 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 HA List No.: 1 Sl No.: 5