- 1 - HC-KAR NC: 2026:KHC:21853 WP No. 10048 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10048 OF 2026 (GM-CPC) BETWEEN: SRI K KUNDURAIAH S/O LATE KUNDURAIAH, AGED ABOUT 79 YEARS, R/AT KUNDURU VILLAGE, KUNIGAL TALUK, TUMAKURU DISTRICT PIN-572 130 …PETITIONER (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: SRI MAHALINGAIAH S/O LATE KUNDURAIAH, AGED ABOUT 59 YEARS, ARCHAK OF BHEERESWARA TEMPLE, R/O KUNDUR VILLAGE, KUNIGAL TALUK, TUMAKURU DISTRICT PIN-572 130 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INIDA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE COURT OF THE SENIOR CIVIL Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21853 WP No. 10048 of 2026 JUDGE AND J.M.F.C., KUNIGAL, TO EXPEDITE THE HEARING AND DISPOSE OF THE CLUBBED APPEALS BEARING R.A.NO.13/2024 AND CROSS-APPEAL R.A.NO.17/2024 WITHIN A STIPULATED TIMEFRAME OF THREE (3) MONTHS OR SUCH OTHER TIME AS THIS HON'BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS 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 In this writ petition, petitioner/defendant has sought the following reliefs: "i) issue of writ of mandamus or any other appropriate writ, order or direction, directing the Court of the Senior Civil Judge and J.M.F.C., Kunigal, to expedite the hearing and dispose of the clubbed appeals bearing R.A.No.13/2024 and cross-appeal R.A.No.17/2024 within a stipulated timeframe of three (3) months or such other time as this Hon'ble Court deems fit, in the interest of justice and equity. ii) Pass any such other orders as this Hon'ble Court deems fit and proper under the facts and circumstances of the case, in the interest of justice." 22. For the sake of convenience, the parties are referred to as per their ranking before the trial court in Original Suit. - 3 - HC-KAR NC: 2026:KHC:21853 WP No. 10048 of 2026 3. The plaintiff has filed a suit in O.S.No.295/2010 for permanent injunction. The trial Court by judgment and decree dated 03.02.2024 has dismissed the suit. 4. Being aggrieved by the same, the respondent/plaintiff has filed R.A.No.13/2024. The petitioner herein also filed a cross-appeal in R.A.No.17/2024 being aggrieved by the findings of the trial court. Both the appeals are clubbed together and heard. 5. Learned counsel appearing for the petitioner submitted that in both the appeals the First Appellate Court has posted the matter for arguments of the parties and that for some or the other reason the matter is continuously being adjourned. Therefore, he sought for early disposal of the said appeals. 6. In view of the above, without expressing any opinion on the merits of the case, the First Appellate Court is directed to dispose of R.A.No.13/2024 and cross-appeal - 4 - HC-KAR NC: 2026:KHC:21853 WP No. 10048 of 2026 in R.A.No.17/2024 in accordance with law as expeditiously as possible, but not later than six months from the date of receipt of a certified copy of this order. 7. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The First Appellate Court is directed to dispose of the appeals in R.A.Nos.13/2024 and 17/2024 in accordance with law and as expeditiously as possible, and not later than six months from the date of receipt of a certified copy of this order. c) Parties are directed to co-operate for early disposal of the said appeals. Sd/- (H.T. NARENDRA PRASAD) JUDGE PSJ List No.: 1 Sl No.: 16