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2026 DAILYLAW 13698 (KAR)

SRI MUNIYELLAPPA v. SRI DORAISWAMY

WP/9055/2026 · 2026-03-18

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15917 WP No. 9055 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9055 OF 2026 (GM-CPC) BETWEEN: 1. SRI MUNIYELLAPPA S/O LATE CHITTAPPA @ PAPANNA AGED ABOUT 70 YEARS R/AT NO 33/1, MUNESWARA LAYOUT HULIMAVU, BANNERGHATTA ROAD BENGALURU-560076 …PETITIONER (BY SRI. PRADEEP KUMAR R H.,ADVOCATE) AND: SRI DORAISWAMY S/O LATE. MUNIYELLAPPA SINCE DECEASED REP. BY HIS LEGAL REPRESENTATIVES. 1. SMT VENKATAMMA W/O LATE DORAISWAMY AGED ABOUT 72 YEARS 2. SRI H D THYAGARAJ S/O LATE DORAISWAMY AGED ABOUT 46 YEARS. 3. SMT KAVITHA AGED ABOUT 42 YEARS W/O DINESH D/O LATE DORAISWAMY Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15917 WP No. 9055 of 2026 4. SRI D VIJAY S/O LATE DORAISWAMY AGED ABOUT 44 YEARS R1 TO R4 ARE R/AT NO. 101 4TH CROSS, 1ST MAIN JANATHA COLONY, HULIMAVU B.G.ROAD, BENGALURU-560 076. SRI NARAYANASWAMY SINCE DECEASED REP. BY HIS LEGAL REPRESENTATIVES 5. SMT JAYAMMA W/O LATE NARAYANASWAMY AGED ABOUT 60 YEARS 6. SRI SRINIVAS S/O LATE NARAYANASWAMY AGED ABOUT 47 YEARS 7. SRI RAMESH S/O LATE NARAYANASWAMY AGED ABOUT 40 YEARS 8. SRI JAYARAM S/O LATE NARAYANASWAMY AGED ABOUT 42 YEARS 9. SMT PADMA D/O LATE NARAYANASWAMY AGED ABOUT 39 YEARS 10. SMT KAMALA D/O LATE NARAYANASWAMY AGED ABOUT 35 YEARS R5 TO R10 ARE R/AT NO. 245 JANATHA COLONY, HULIMAVU VILLAGE BANNERGHATTA ROAD, BEGUR HOBLI BENGALURU-560 076. - 3 - HC-KAR NC: 2026:KHC:15917 WP No. 9055 of 2026 11. SMT MUNIYAMMA W/O LATE MUNINARAYANA AGED ABOUT 57 YEARS R/AT HULIMAVU VILLAGE BANNERGHATTA ROAD, BEGUR HOBLI BENGALURU SOUTH TALUK BENGALURU-560077. 12. SRI NANJUNDA S/O LATE MUNINARAYANA AGED ABOUT 37 YEARS R/O HULIMAVU VILLAGE BANNERGHATTA ROAD, BEGUR HOBLI BENGALURU SOUTH TALUK BENGALURU-560077. 13. SRI SRINIVAS S/O LATE MUNINARAYANA AGED ABOUT 32 YEARS RESIDENT OF HULIMAVU VILLAGE BANNERGHATTA ROAD, BEGUR HOBLI BENGALURU SOUTH TALUK BENGALURU-560077. SRI KRISHNAPPA SINCE DECEASED REP. BY HIS LRS. 14. SMT RATNAMMA W/O LATE KRISHNAPPA AGED ABOUT 50 YEARS 15. SMT SUMITHRA D/O LATE KRISHNAPPA AGED ABOUT 32 YEARS. 16. SRI BABU. K S/O LATE KRISHNAPPA AGED ABOUT 28 YEARS - 4 - HC-KAR NC: 2026:KHC:15917 WP No. 9055 of 2026 17. SRI SHANKAR.K S/O LATE KRISHNAPPA AGED ABOUT 26 YEARS R14 TO R17 ARE R/AT NO.116, 5TH CROSS, HULIMAVU BENGALURU-560076. SRI. PAPANNA SINCE DECEASED REP. BY HIS LRS. 18. SMT YALLAMMA W/O LATE. PAPANNA AGED ABOUT 57 YEARS R/AT HULIMAVU VILLAGE, BANNERGHATTA ROAD BEGUR HOBLI, BENGALURU SOUTH TALUK BENGALURU-560 076. 19. SRI H.P.ANAND S/O LATE PAPANNA AGED ABOUT 38 YEARS R/AT. HULIMAVU VILLAGE BANNERGHATTA ROAD BEGUR HOBLI, BENGALURU SOUTH TALUK BENGALURU-560 076. 20. SMT H P LATHA D/O LATE PAPANNA W/O RAMESH AGED ABOUT 36 YEARS R/AT THIRUMAGONDANAHALLI VILLAGE CHANDAPURA HOBLI ANEKAL TALUK-560073. 21. SMT H P UMA D/O LATE PAPANNA AGED ABOUT 34 YEARS R/AT HULIMAVU VILLAGE - 5 - HC-KAR NC: 2026:KHC:15917 WP No. 9055 of 2026 BANNERGHATTA ROAD BEGUR HOBLI, BENGALURU SOUTH TALUK BENGALURU-560 076. 22. SRI H P MANJUNATH S/O LATE PAPANNA AGED ABOUT 32 YEARS R/AT HULIMAVU VILLAGE BANNERGHATTA ROAD, BEGUR HOBLI BENGALURU SOUTH TALUK BENGALURU -560 076. 23. MRS SAMIDHA JOSHI W/O MR RASHMIKANT JOSHI AGED ABOUT 38 YEARS R/AT NO. 89, II VYSYA BANK COLONY NEW MICO LAYOUT, BENGALURU-560 076. 24. SRI M GOVIND S/O SRI MADA SHETTY AGED ABOUT 47 YEARS R/AT NO. 505, 17TH CROSS 4TH PHASE, J.P.NAGAR BENGALURU-560 078. 25. SRI M G AJAY KUMAR S/O SRI M GOVIND AGED ABOUT 22 YEARS R/AT NO. 505, 17TH CROSS 4TH PHASE, J.P.NAGAR BENGALURU-560 078. SMT. MUNIYAMMA SINCE DEAD BY HER LRS. SRI. H.C. RAJAPPA SINCE DECEASED BY HIS LR'S 26. SMT LAKSHMAMMA W/O LATE H C RAJAPPA - 6 - HC-KAR NC: 2026:KHC:15917 WP No. 9055 of 2026 AGED ABOUT 64 YEARS 27. SRI NAGARAJU S/O LATE H C RAJAPPA AGED ABOUT 43 YEARS R6 ND R27 ARE R/AT NEAR RAMA TEMPLE, HULIMAVU B.G ROAD, BENGALURU-560 076. 28. SRI MUNINANJAPPA S/O LATE CHITTAPPA @ PAPANNA AGED ABOUT 54 YEARS 29. SMT H C YELLAMMA W/O NARAYANAPPA D/O LATE CHITTAPPA @ PAPANNA AGED ABOUT 51 YEARS 30. SRI H C RAMAPPA S/O LATE CHITTAPPA @ PAPANNA AGED ABOUT 48 YEARS R28 TO R30 ARE R/AT NO.33/1 MUNESHWARA LAYOUT, HULIMAVU BANNERGHATTA ROAD BENGALURU-560 076. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE HON’BLE VII ADDL. SENIOR CIVIL JUDGE AND JMFC BENGALURU RURAL DISTRICT BENGALURU TO DISPOSE OF THE SUIT IN OS NO. 551/2005 AS EXPEDITIOUSLY AS POSSIBLE WITHIN THE OUTER LIMIT OF 6 MONTHS (ANNEXRE-C) 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 - 7 - HC-KAR NC: 2026:KHC:15917 WP No. 9055 of 2026 ORAL ORDER 1. In this writ petition, the petitioner-defendant No.13 has sought for a direction to the Trial Court to dispose of the suit i.e., O.S.No.551/2005 pending on the file of VII Addl. Senior Civil Judge and JMFC, Bengaluru Rural District, Bengaluru, as expeditiously as possible. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiff filed a suit in O.S.No.551/2005 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 now the matter is set down for recording the evidence of defendants. The suit is of the year 2005. Therefore, the present petition is filed seeking for early disposal of the suit. - 8 - HC-KAR NC: 2026:KHC:15917 WP No. 9055 of 2026 4. Learned counsel appearing for the petitioner submits that the suit is of the year 2005. Even after lapse of 20 years, the suit is not disposed of. The matter is set down for recording the evidence of defendants. Hence, he sought for a direction to the Trial Court to dispose of the suit within a fixed 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) The writ petition is disposed of. b) The Trial Court is directed to dispose of the suit as expeditiously as possible, not later than six months from the date of receipt of a certified - 9 - HC-KAR NC: 2026:KHC:15917 WP No. 9055 of 2026 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