- 1 - HC-KAR NC: 2026:KHC:27945 WP No. 17212 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17212 OF 2026 (GM-CPC) BETWEEN: SMT SARVAMANGALAMMA DEAD BY LRS. SMT. SOUBHAGYAMMA, W/O LATE T.S. PARAMASHIVAIAH, AGED ABOUT 82 YEARS, R/AT CHIKKATHOTLUKERE VILLAGE, KORA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 128. …PETITIONER (BY SRI. MANU SHANKAR S.S., ADVOCATE) AND: 1. SMT RENUKAMMA W/O LATE T.H. NATARAJ, AGED ABOUT 66 YEARS, R/AT CHIKKATHOTLUKERE VILLAGE, KORA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 128. 2. SMT. ROOPASHRI, D/O LATE T.H. NATARAJ, AGED ABOUT 46 YEARS, R/AT CHIKKATHOTLUKERE VILLAGE, KORA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 128. 3. SMT. SOUMYA, D/O LATE. T.H. NATARAJ, AGED ABOUT 44 YEARS, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27945 WP No. 17212 of 2026 R/AT D.M. PALYA, SIRA GATE, TUMKURU TOWN 4. SRI. RUDRESH, S/O LATE T.H. NATARAJ, AGED ABOUT 40 YEARS, R/AT CHIKKATHOTLUKERE VILLAGE, KORA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 128. 5. SMT. KAVITHA, D/O LATE T.H. NATARAJ, AGED ABOUT 38 YEARS, R/AT BRAMHASANDRA VILLAGE, KORA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 128. 6. SMT. MADHUSHRI, W/O LATE T.H. NATARAJ, AGED ABOUT 35 YEARS, R/AT CHIKKATHOTLUKERE VILLAGE, KORA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 128. 7. SRI. CHITRASHEKAHAR, S/O S. HONNAGANGASHETTY, AGED ABOUT 50 YEARS, R/AT CHIKKATOTLUKERE VILLAGE, KORA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 128 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR - 3 - HC-KAR NC: 2026:KHC:27945 WP No. 17212 of 2026 DIRECTION, QUASHING THE IMPUGNED ORDER DATED 02.05.2026 PASSED BY THE COURT OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, IN FDP NO.12/2021, WHEREBY THE LEARNED TRIAL COURT HAS DIRECTED AN ENQUIRY ON THE APPLICATION FILED UNDER ORDER I RULE 10(2) OF THE CODE OF CIVIL PROCEDURE, 1908, VIDE ANNEXURE-K AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 02.05.2026 passed in FDP No.12/2021 by the Additional Senior Civil Judge and CJM, Tumakuru, the plaintiff, who is the Decree Holder is before this Court. 2. Learned counsel for the petitioner submits that the objector is not the member of the family and he has nothing to do with the joint family properties. In fact the suit was decreed in the year 2015 only with an intention to stall the final decree proceedings, the present application has been filed. The Trial Court has adjourned the matter for conducting an inquiry on the said application. - 4 - HC-KAR NC: 2026:KHC:27945 WP No. 17212 of 2026 3. Learned counsel further submits that the plaintiff is aged about 82 years and that there is already a direction for expeditious disposal of the proceedings. This Court, by order dated 20.01.2026, directed the Trial Court to dispose of the matter within a period of six months from the date of receipt of a copy of the said order. Despite the said direction, the Trial Court has adjourned the matter for conducting an inquiry. 4. When an application is filed stating that the property belonging to a third party has been included in the final decree proceedings by the Commissioner, he has a right to be heard before the Court. However, in the light of the fact, the decree holder is aged about 82 years and already there is a direction direction issued by this Court for expeditious disposal of the proceedings, this Court deems it appropriate to pass the following: ORDER i. Accordingly, the writ petition is disposed of, requesting the Additional Senior Civil Judge and CJM, Tumakuru, to consider and dispose of the application filed under Order I Rule 10(2) of the CPC within a period of two weeks - 5 - HC-KAR NC: 2026:KHC:27945 WP No. 17212 of 2026 from the date of receipt of the copy of this order. ii. This Court is not issuing any notice to the respondents as no adverse orders are passed against them. iii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC/List No.: 1 Sl No.: 7