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2026 DAILYLAW 17207 (KAR)

MRS CHANDRIKA VISHWANATH v. MR V MOHAN RAJU

WP/5965/2026 · 2026-03-12

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14876 WP No. 5965 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5965 OF 2026 (GM-CPC) BETWEEN: MRS CHANDRIKA VISHWANATH AGED ABOUT 63 YEARS W/O Y.A VISHWANATH R/AT NO. 55, 3RD MAIN, 5TH CROSS AKSHAYA PATRAM VASANTHA VALLABHANAGAR BANGALORE SOUTH, SUBRAMANAYAPURA BANGALORE - 560 061 REP. BY HER POWER OF ATTORNEY HOLDER SHRI. Y. A. VISHWANATH …PETITIONER (BY SMT. LEKHA G D., ADVOCATE FOR SRI. VACHAN H U., ADVOCATE) AND: 1. MR V MOHAN RAJU AGED ABOUT 64 YEARS S/O OF LATE P VENKATAIAH R/AT NO. 33, 5TH CROSS BHUVANESHWARI NAGAR DASARAHALLI MAIN ROAD HEBBAL KEMPAPURA BANGALORE - 560 024. 2. MR. SAMEER PASHA AGED ABOUT 64 YEARS S/O SHRI MOHAMMED JALEEL R/AT NO. 5111, 1ST MAIN ROAD LAKSHMIPURAM, ULSOOR BANGALORE - 560 008. 3. M/S CAN FIN HOMES LIMITED INCORPORATED UNDER THE Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14876 WP No. 5965 of 2026 COMPANIES ACT, 1956 HAVING ITS HEAD OFFICE AT NO. 29/1 SIR M. N. KRISHNA RAO ROAD BASAVANAGUDI, BANGALORE - 560 004 AND ITS BRANCH OFFICE AT NO. 11613 1ST FLOOR, G BLOCK, 60 FEET ROAD SAHAKARNAGAR, BANGALORE 560 092. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE HON’BLE SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI IN O.S NO. 238/2020 (ANNEXURE B), TO DISPOSE OF THE SUIT WITHIN A FIXED AND REASONABLE TIME AS MAY BE DEEMED FIT BY THIS HON’BLE COURT AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 for the following relief/s: “A. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Hon'ble Senior Civil Judge and JMFC at Devanahalli in O.S No. 238 / 2020 (Annexure - B), to dispose of the Suit within a fixed and reasonable time as may be deemed fit by this Hon'ble Court; - 3 - HC-KAR NC: 2026:KHC:14876 WP No. 5965 of 2026 B. Pass such other order or direction as this Hon'ble Court may deem fit in the interest of justice and equity.” 2. The petitioner-plaintiff filed a suit for declaration and injunction. The respondents-defendants were served with notices but were placed ex-parte. On the basis of the pleadings, issues have been framed and the plaintiff has adduced her evidence. In the year 2023 itself, the matter was posted for judgment. Thereafter, the matter was again posted for further arguments. So far, no order has been passed and the suit has not yet been disposed of. Hence, learned counsel for the petitioner seeks a direction to dispose of the suit as expeditiously as possible. 3. In view of the above, without expressing any opinion on the merit of the case, the writ petition is disposed of. 4. The Trial Court is directed to dispose of the suit, as expeditiously as possible, and in any event not later than four months from the date of receipt of the certified copy - 4 - HC-KAR NC: 2026:KHC:14876 WP No. 5965 of 2026 of this order, provided there is no order of stay of the said proceedings by any Court of law. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 22