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2026 DAILYLAW 15958 (KAR)

SMT KAMALAMMA @ KAMALA v. SRI ASHWATHAPPA

WP/37746/2025 · 2026-04-28

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24059 WP No. 37746 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 37746 OF 2025 (GM-CPC) BETWEEN: SMT. KAMALAMMA @ KAMALA, D/O LATE YELEYAPPA @YELAPPA, W/O MUNIYAPPA, AGED ABOUT 62 YEARS, R/AT NO.163, DODDASHIVARA VILLAGE, KASABA HOBLI, DODDAKADTHURU POST, MALUR TALUK, KOLAR DISTRICT - 563 101. …PETITIONER (BY SRI. UMESH B.N., ADVOCATE) AND: 1. SRI. ASHWATHAPPA, S/O. LATE CHIKKASIDDAPPA, AGED ABOUT 76 YEARS, 2. SURESH, S/O ASHWATHAPPA, AGED ABOUT 52 YEARS, 3. PRAKASH, S/O ASHWATHAPPA, AGED ABOUT 47 YEARS, 4. KUM. JHANUSHRI, D/O SURESH, AGED ABOUT 17 YEARS, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24059 WP No. 37746 of 2025 SINCE MINOR REPRESENTED BY NATURAL GUARDIAN FATHER 3RD RESPONDENT. 5. MANJUNATH, S/O ASHWATHAPPA, AGED ABOUT 45 YEARS, 6. RAGHU, S/O ASHWATHAPPA, AGED ABOUT 43 YEARS, 7. KUM. CHANDANA, D/O MUNIYAPPA, AGED ABOUT 16 YEARS, SINCE MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER, SMT. RAJAMMA, W/O MUNIYAPPA, AGE ABOUT 45 YEARS, 8. G.S.RAMACHANDRAPPA, S/O LATE CHIKKASIDDAPPA, AGED ABOUT 73 YEARS, 9. BHEERAMMA, D/O G.S.RAMACHANDRAPPA, AGED ABOUT 44 YEARS, 10. SATHISH R, S/O G.S.RAMACHANDRAPPA, AGED ABOUT 41 YEARS, 11. LOKESH R, S/O G.S.RAMCHANDRAPPA, AGED ABOUT 40 YEARS, - 3 - HC-KAR NC: 2026:KHC:24059 WP No. 37746 of 2025 12. LINGAPPA, S/O LATE CHIKKASIDDAPPA, AGED ABOUT 71 YEARS, 13. SMT. RUKMINI, D/O LINGAPPA, AGED ABOUT 47 YEARS, 14. SMT. LALITHAMMA, D/O LINGAPPA, AGED ABOUT 45 YEARS, 15. SMT. SARASWATHI, D/O LINGAPPA, AGED ABOUT 43 YEARS, 16. SMT. LAKSHMI, D/O LINGAPPA, AGED ABOUT 42 YEARS, 17. SMT.NAGAVENI, D/O LINGAPPA, AGED ABOUT 40 YEARS, 18. SMT. CHANDRIKA, D/O LINGAPPA, AGED ABOUT 47 YEARS, 19. NARAYANASWAMY, S/O LINGAPPA, AGED ABOUT 36 YEARS, 20. SMT. SHILPA, D/O LINGAPPA, AGED ABOUT 33 YEARS, - 4 - HC-KAR NC: 2026:KHC:24059 WP No. 37746 of 2025 21. SMT. SOWMYA, D/O LINGAPPA, AGED ABOUT 31 YEARS, 22. NAGARATHNAMMA, D/O LATE CHIKKASIDDAPPA, AGED ABOUT 67 YEARS, ALL ARE R/ AT GHATTAHALLI VILLAGE, HUSKUR POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 560 035. 23. P.RAJESH, S/O PURUSHOTHAMA REDDY, AGED ABOUT 53 YEARS, R/AT NO.83, OSBRONEROAD, BENGALURU - 560 042. 24. V.T.SHENKARANARAYANA REDDY, S/O V.S.THIMMAREDDY, AGED ABOUT 53 YEARS, R/AT VANGALAHALLI, HSR LAYOUT, BENGALURU - 560 034. 25. RAMANAJANEYA.M, S/O MUNIYAPPA, AGED ABOUT 47 YEARS, R/AT NO.5, "HARIRAMAKRISHNA NILAYA", 1ST CROSS, NRI LAYOUT, RAMAMURTHY NAGARA, BENGALURU - 560 016. 26. S. SUNITHA, W/O H.M.PRAKASH, AGED ABOUT 55 YEARS, - 5 - HC-KAR NC: 2026:KHC:24059 WP No. 37746 of 2025 R/AT HALANAYAKANAHALLI VILLAGE, VARUTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 035. 27. M.VENKATESH, S/O LATE PETE MUNIYAPPA, AGED ABOUT 48 YEARS, R/AT GHATTAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 035. 28. P.S.MANOJ KUMAR, S/O LATE V.SHENKARAN PILLAI, AGED ABOUT 56 YEARS, R/AT NO.405, DEVAMANASAM SUNRISE VILLAS, BELLANDUR MAIN ROAD, BENGALURU - 560 103. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS/DIRECTION TO TRIAL COURT TO DISPOSE OF THE SUIT IN OS NO.333/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC ANEKAL, BENGALURU RURAL, AT EARLIEST ANNEXURE - A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2026:KHC:24059 WP No. 37746 of 2025 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition, petitioner has sought for the following reliefs: "a) issue of writ of mandamus/direction to Trial Court to Dispose off the suit in O.S.No.333/2018 on the file of the Senior Civil Judge and JMFC., Anekal, Bangalore Rural, at earliest - Annexure-A. b) Pass such other orders as this Court deems fit to pass in the circumstances of the case and in the interest of justice and equity." 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 for partition and separate possession in O.S.No.333/2018 before the Senior Civil Judge and JMFC, Anekal (for short ‘Trial Court’). After service of summons, the defendants have appeared through counsel and filed a written statement. On the basis of the pleadings of the parties, the Trial Court framed issues and the matter is set down for recording the - 7 - HC-KAR NC: 2026:KHC:24059 WP No. 37746 of 2025 evidence of the parties. Since the suit is of the year 2018, even after a lapse of eight years, the suit is not disposed of. Hence, learned counsel for the petitioner sought for early disposal of the suit. 4. In view of the above, without expressing any opinion on the merits of case, the Trial Court is directed to dispose of the suit, O.S.No.333/2018 as expeditiously as possible, not later than ten months from the date of receipt of a copy of the order. Accordingly, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE PSJ List No.: 1 Sl No.: 7