- 1 - HC-KAR NC: 2026:KHC:22966 WP No. 8807 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8807 OF 2026 (GM-CPC) BETWEEN: SRI. H. B. DHARMAPPA, S/O LATE BASAPPA, AGED ABOUT 66 YEARS, R/AT SHANIVARASANTHE VILLAGE, SOMAWARASANTHE TALUK, KODAGU - 571 235. …PETITIONER (BY MS.SHILPA K., ADVOCATE FOR SRI. RAJIV R., ADVOCATE) AND: 1. SRI. H. B. SWAMY, S/O LATE BASAPPA, AGED ABOUT 64 YEARS, R/O BOREHOSAHALLI VILLAGE, RAVANDUR HOBLI, PEIRYAPATNA TALUK, MYSURU - 571 107. 2. SMT. MANJULA, D/O LATE BASAPPA, AGED ABOUT 58 YEARS, R/A SETTANAYAKANAHALLI VILLAGE, MYSURU - 570 026. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22966 WP No. 8807 of 2026 3. SMT. LATHA @ PUSHPA, D/O LATE BASAPPA, AGED ABOUT 56 YEARS, R/A 7TH ROAD, BASAVESWARA BLOCK, K R NAGAR TOWN, MYSURU - 571 602. 4. SMT. GOWRAMMA, W/O LATE BASAPPA, AGED ABOUT 82 YEARS, R/AT BOREHOSAHALLI VILLAGE, RAVANDUR HOBLI, PERIYAPATNA TALUK, MYSURU - 571 107. 5. SMT. SUNANDA, D/O LATE BASAPPA, AGED ABOUT 62 YEARS, R/A GORAHALLI VILLAGE, PERIYAPATTNA TALUK, MYSURU - 571 107. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ANY APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE HON'BLE PRINCIPLE CIVIL JUDGE AND JMFC, PERIYAPATNA TO CONCLUDE FDP NO.02/2023 ARISING OUT OF O.S. NO.253/2012 WITHIN A FIXED AND REASONABLE TIME FRAME TO BE STIPULATED BY THIS HON'BLE COURT ANNEXURE - A AND ETC., - 3 - HC-KAR NC: 2026:KHC:22966 WP No. 8807 of 2026 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 1. In this writ petition, the petitioner has sought the following reliefs: "a) issue of Writ of Mandamus or any appropriate writ, order or direction, directing the Principal Civil Judge & JMFC., Periyapatna to conclude FDP No.02/2023 arising out of O.S.No.253/2012 within a fixed and reasonable time frame to be stipulated by this Hon'ble Court; Annexure - A. b) Direct the Trial Court to forthwith consider and pass appropriate orders on the application dated 03.02.2024 filed by the Petitioner and Respondent No.5 seeking appointment of a Court Commissioner for effecting division by metes and bounds; provided at Annexure - D. c) Pass such other order or direction as this Hon'ble Court may deem fit 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 petitioner filed a suit for partition and separate possession. Suit came to be decreed on - 4 - HC-KAR NC: 2026:KHC:22966 WP No. 8807 of 2026 25.10.2018 in O.S.No.253/2012 by the Civil Judge and JMFC., Periyapatna. Thereafter, petitioner has filed an FDP in the year 2023 in FDP No.2/2023 on the file of Civil Judge and JMFC., Periyapatna. So far, even after service of all the parties, the final decree proceeding has not been concluded. Therefore, the petitioner is before this Court. 4. Since the suit is decreed in the year 2018, the FDP proceeding is pending from the year 2023, in the interest of justice, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the FDP proceeding 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 FDP No.2/2023 in accordance with law and as expeditiously as possible, not later than Six - 5 - HC-KAR NC: 2026:KHC:22966 WP No. 8807 of 2026 months from the date of receipt of certified copy of this order. c) Parties are directed to co-operate for early disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE PSJ List No.: 1 Sl No.: 7