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2026 DAILYLAW 17642 (KAR)

SRI KAVIRAJ BONDAL v. SRI PURANDARA SAPALYA

WP/14409/2026 · 2026-04-30

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24440 WP No. 14409 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 14409 OF 2026 (GM-CPC) BETWEEN: SRI. KAVIRAJ BONDAL S/O. LATE SRI. KRISHNAPPA BONDAL, AGED ABOUT 68 YEARS, RESIDING AT B-704, BLUE REGENCY, NEAR EKTHANAGAR, DAHANUKARWADI LINK ROAD, KANDIVILI (EAST), MUMBAI - 400 067. SENIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONER (BY SRI. SWAROOP. S, ADVOCATE) AND: 1. SRI. PURANDARA SAPALYA S/O. LATE RUKMAYA SAPALYA, AGED ABOUT 61 YEARS, R/A. BONDALA, PANDEMANGALORE VILLAGE AND POST, BANTWAL TALUK. 2. SMT. VASANTHI, D/O. LATE RUKMAYA SAPALYA, AGED ABOUT 59 YEARS, R/A. BONDALA, PANDEMANGALORE VILLAGE AND POST, BANTWAL TALUK. 3. SMT. PUSHPALATHA W/O. LATE BHAVANANDAN, AGED ABOUT 82 YEARS, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24440 WP No. 14409 of 2026 R/A FLAT NO.203, CLASSIC POPULAR, KANKANADY BYPASS ROAD, MANGALURU-575 002. 4. SMT. VEENA ANAND D/O. LATE BHAVANANDAN W/O. ANAND AGED ABOUT 54 YEARS R/A. SUVIDH NIVAS, MALLADI ROAD, ANANDA NAGAR, AKASH BHAVAN, MANGALURU-575 015. 5. SMT. VIDYA SURESH D/O. LATE BHAVANANDAN W/O. SURESH AGED ABOUT 52 YEARS, R/A. SUVIDH NIVAS, MALLADI ROAD, ANANDA NAGAR, AKASH BHAVAN, MANGALURU-575 015. 6. SRI. VINOD KUMAR S/O. LATE BHAVANANDAN, AGED ABOUT 50 YEARS, R/A FLAT NO.203, CLASSIC POPULAR, KANKANADY BYPASS ROAD, MANGALURU 575 002. 7. SMT. BRINDA ANUP D/O. LATE BHAVANANDAN W/O. ANUP AGED ABOUT 47 YEARS, R/A. SUVIDH NIVAS, MALLADI ROAD, ANANDA NAGAR, AKASH BHAVAN, MANGALURU-575 015. 8. SRI. ANANDA S/O. LATE MADAPPA AGED ABOUT 66 YEARS, R/A. DECHAR HOUSE, MUDANADUGODU VILLAGE AND POST, - 3 - HC-KAR NC: 2026:KHC:24440 WP No. 14409 of 2026 BANTWAL TALUK, DK-574 211. 9. SRI. CHANDRASHEKHAR S/O. LATE SRINIVASA AGED ABOUT 75 YEARS R/A. DEVI KRIPA HOUSE, KULASHEKHAR CHOWKI, MANGALURU-575 005. 10. SMT. HEMALATHA NAIR, D/O. LATE SRI. KRISHNAPPA BONDAL W/O. JAIKRISHNAN NAIR, AGED ABOUT 61 YEARS, REGENCY, NEAR EKTHANAGAR, DAHANUKARWADI LINK ROAD, KANDIVILI (EAST), MUMBAI-400 067. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE PRL. SENIOR CIVIL JUDGE, BANTVAL TO EXPEDITIOUSLY DISPOSE THE PROCEEDINGS IN FDP NO.6/2022 WITHIN A SPECIFIED TIME PERIOD OF 3 MONTHS (ANNEXURE-F) 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 In this writ petition, the petitioner has sought for the following reliefs: "i. Issuing a writ in the nature of mandamus or any other appropriate writ or direction by directing the - 4 - HC-KAR NC: 2026:KHC:24440 WP No. 14409 of 2026 Prl. Senior Civil Judge, Bantval to expeditiously dispose the proceedings in FDP No.6/2022 within a specified time period of 3 months (Annexure-F).. ii. Issuing a writ in the nature of mandamus or any other appropriate writ or direction by directing the Prl. Senior Civil Judge, Bantval to expeditiously dispose the prending IA Nos.1 and 2 filed on 13.12.2022 in FDP No.6/2022 within a specified time period of 1 month (Annexure-C and D). iii. Grant such other and further reliefs as are just including costs of this Petition in the interest of justice." 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-plaintiff filed a suit in O.S.No.137/1992 before the Principal Civil Judge, Mangaluru (hereinafter referred to as ‘Trial Court’ for short) seeking for relief of partition and separate possession. The suit came to be decreed by judgment and decree dated 17.08.1993. Thereafter, he filed FDP - 5 - HC-KAR NC: 2026:KHC:24440 WP No. 14409 of 2026 proceedings before the Principal Senior Civil Judge and JMFC, Bantwal (hereinafter referred to as ‘FDP Court’ for short) in FDP.No.6/2022. Even after lapse of 4 years, the FDP proceedings have not been disposed of by the FDP Court. Even in the earlier occasion, this Court in W.P.No.25474/2023 disposed of on 15.12.2023 by directing the FDP Court to dispose of the FDP proceedings as expeditiously as possible. In spite of that, the FDP proceedings are not been concluded. Therefore, the present writ petition is filed seeking for early disposal of the suit. 4. Learned counsel appearing for the petitioner submits that the FDP proceedings are of the year 2022. Hence, he has sought for a direction to the FDP Court to dispose of the suit within a fixed time frame. 5. 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 - 6 - HC-KAR NC: 2026:KHC:24440 WP No. 14409 of 2026 dispose of the writ petition with a direction to the Trial Court to dispose of the suit as expeditiously as possible. 6. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The FDP Court is directed to dispose of the FDP No.6/2022 in accordance with law, as expeditiously as possible, not later than six months from the date of receipt of a certified copy of this order, provided there is no order of stay of the said proceedings granted by any Court of law. c) Parties are directed to co-operate for early disposal of the FDP proceedings in FDP No.6/2022. Sd/- (H.T. NARENDRA PRASAD) JUDGE BN List No.: 1 Sl No.: 34