- 1 - HC-KAR NC: 2026:KHC:17105 WP No. 8452 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.8452 OF 2026 (GM-CPC) BETWEEN: 1. SRI. K.N. MOHAN REDDY S/O D. NARAYANA REDDY AGED ABOUT 45 YEARS R/AT KATHRIGUPPE VILLAGE KUGUR POST, ANEKAL TALUK BENGALURU - 562 125. …PETITIONER (BY SRI. SANDEEP S PATIL.,ADVOCATE) AND: 1. SMT. CHINNAMMA AGED ABOUT 72 YEARS W/O LATE MALEYAPPA 2. SRI. M. MOHAN KUMAR AGED ABOUT 54 YEARS S/O LATE MALEYAPPA 3. SRI. M.SRINIVAS, AGED ABOUT 52 YEARS S/O LATE MALEYAPPA 4. SRI. SHIVAKUMAR AGED ABOUT 25 YEARS S/O LATE MALEYAPPA 5. SMT. SHANTHA KUMARA AGED ABOUT 44 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17105 WP No. 8452 of 2026 D/O LATE MALEYAPPA W/O PRAKASH 6. SRI. VIJAYABHASKAR M., AGED ABOUT 42 YEARS S/O LATE MALEYAPPA ALL ARE R/AT RANGASWAMY STREET YEMALURU VILLAGE AND POST VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU-560037. 7. SRI. M. VENKATESH AGED ABOUT 46 YEARS S/O LATE MALEYAPPA YEMALURU VILLAGE AND POST VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU-560 037. 8. SRI. VKRSV PRASAD REDDY S/O LATE PEDDA VENKATESHWARALU R/AT NO.2/19/1,FOREST OFFICE ROAD MADHAVAGAR, KAKINADA EAST GODAVARI DISTRICT ANDRA PRADESH-533 033. 9. M/S. SRI PANCHAJANYA INFRASTRUCTURE PVT. LTD., (A COMPANY REGD. UNDER THE INDIAN COMPANIES ACT) REP. BY ITS M.D VKRSV PRASAD RAO NO.2/11/1, FOREST OFFICE ROAD MADHAVAGAR, KAKINADA EAST GODAVARI DISTRICT, ANDRA PRADESH - 533 033. 10. SRI. NANDA KUMAR S/O NARASIMULU NAIDU - 3 - HC-KAR NC: 2026:KHC:17105 WP No. 8452 of 2026 AGED ABOUT MAJOR R/AT NO.401 RATHNAMAHAL SHREYAS 7TH C MAIN, JRBR LAYOUT 1ST BLOCK, KALYAN NAGAR BENGALURU - 560 043. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS IN DIRECTING THE TRIAL COURT TO DISPOSE OF I.A. NO.17 IN O.S NO.8391/2017 ON THE FILE OF COURT OF CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-91), WITHIN A PERIOD OF ONE MONTH FROM THE DATE OF THE ORDER (PRODUCED AS ANNEXURE A) 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 ORAL ORDER 1. In this writ petition, the petitioner-defendant No.4 has sought the following reliefs: i) Issue a writ of mandamus in directing the Trial Court to dispose of I.A.No.17 in O.S.No.8391/2017 on the file of Court of City Civil and Sessions Judge at Bengaluru (CCH-9) within a period of one month from the date of the order (produced at Annexure-‘A’) and - 4 - HC-KAR NC: 2026:KHC:17105 WP No. 8452 of 2026 ii) Issue such other writ, orders or directions as deemed fit in the circumstances of the case, 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 plaintiffs filed a suit in O.S.No.8391/2017 before the Trial Court seeking relief of partition and separate possession and declaration. After issuance of suit summons, the defendant No.4 appeared and filed written statement and also filed counter-claim. The said counter- claim filed by the defendant No.4 has been treated as plaint. Thereafter, the defendant No.4 filed I.A.No.17 under Order XXXIX Rule 1 and 2 of CPC. So far, no order has been passed on I.A.No.17. The matter is being adjourned on one pretext or the other. Therefore, the present writ petition is filed seeking direction to the Trial Court for early disposal of the said application. - 5 - HC-KAR NC: 2026:KHC:17105 WP No. 8452 of 2026 4. 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 application 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 I.A.No.17 filed by the defendant No.4 under Order XXXIX Rule 1 and 2 of CPC in accordance with law on or before end of April 2026. c) Parties are directed to co-operate for early disposal of the application. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 22