- 1 - HC-KAR NC: 2026:KHC:35643 WP No. 19509 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19509 OF 2026 (GM-CPC) BETWEEN: SMT. KANTHAMMA W/O. MARAPPA AND D/O. LATE BYRAPPA AGED 84 YEARS R/AT NO.170, NEAR VENKATESHWARA TEMPLE AGARA VILLAGE, BEGUR HOBLI SARJAPUR ROAD, BANGALORE - 560 034 BANGALORE SOUTH TALUK. …PETITIONER (BY SRI. K. VIJAY KUMAR, ADVOCATE) AND: SMT. CHIKKAMUNIYAMMA W/O G MUNIYAPIPA D/O, LATE BYRAPPA AGED 92 YEARS RESIDING AT MAHADEVA KODIGEHALLI VILLAGE. JALA HOBLI, BANGALORE NORTH TALUK - 562 157 SINCE DEAD BY LRS 1. THIMMAKKA W/O. LAKSHMAIAH AGED ABOUT 67 YEARS RESIDING AT MARALAKUNTE VILLAGE. JALA HOBLI, BANGALORE NORTH TALUK - 562 149. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35643 WP No. 19509 of 2026 2. SMT. MUNIRAJAMMA W/O. VENKATESH AGED ABOUT 65 YEARS RESIDING AT MARALAKUNTE VILLAGE JALA HOBLI, BANGALORE NORTH TALUK - 562 149. 3. SMT. SHYAMALAMMA W/O. MARIYAPPA AGED ABOUT 63 YEARS RESIDING AT KAIKONDARAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK - 560 035. 4. SRI. M. NARAYANASWAMY S/O. G. MUNIYAPPA AGED ABOUT 60 YEARS RESIDING AT MAHADEVA KODIGEHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK - 562 149. 5. SMT. GOWRAMMA W/O. NANJAPPA AGED ABOUT 58 YEARS RESIDING AT DEVARAMALLURU VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPUR DIST - 562 105. 6. SRI. M. SHAMANNA S/O. G. MUNIYAPPA AGED ABOUT 56 YEARS RESIDING AT MAHADEVA KODIGEHALLI, JALA HOBLI, BANGALORE NORTH TALUK - 562 149. 7. SMT. YESHODAMMA W/O. MALLURAPPA AGED ABOUT 54 YEARS - 3 - HC-KAR NC: 2026:KHC:35643 WP No. 19509 of 2026 RESIDING AT DEVARAMALLURU VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPUR DIST - 562 105. 8. SMT. SAROJAMMA W/O. NAGARAJ AGED ABOUT 52 YEARS RESIDING AT KENDANAHALL VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPUR DIST - 563 125. SRI. NARAYANAPPA S/O. LATE VENKATAPPA AGED ABOUT 81 YEARS R/AT KAIKONDANAHALLI VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK SINCE DEAD BY HIS LRS. 9. SRI. MUNIRAJU S/O. NARAYANAPPA AGED ABOUT 66 YEARS 10. SRI. VENKATASWAMY S/O. NARAYANAPPA AGED ABOUT 59 YEARS 11. SRI. RAMESH S/O. NARAYANAPPA AGED ABOUT 47 YEARS 12. SMT. PAPAMMA W/O. PUTTAPPA D/O. NARAYANAPPA AGED ABOUT 57 YEARS - 4 - HC-KAR NC: 2026:KHC:35643 WP No. 19509 of 2026 13. SMT. YESHADAMMA W/O. NARAYANASWAMY AGED ABOUT 54 YEARS 14. SMT. RATHNAMMA W/O. KEMPANNA D/O. NARAYANAPPA AGED ABOUT 55 YEARS. SL. NOS. 9 TO 14 ARE RESIDING AT KAIKONDANAHALLI, VARTHUR HOBLI, BANGALORE EAST TALUK - 562 149. 15. SMT. GOWRAMMA W/O. MALLURAPPA D/O. NARAYANAPPA AGED ABOUT 69 YEARS RESIDING AT MARALAKUNTE VILLAGE JALA HOBLI, BANGALORE NORTH TALUK (ADDL) - 562 149. 16. SRI. M.P. CHAMPAKADHAMA SWAMY S/O. LATE. K.S. PUTTASWAMY MAJOR, HON. SECRETARY M/S THE KARNATAKA ELECTRICITY BOARD EMPLOYEES CO-OPERATIVE SOCIETY LTD., HAVING ITS OFFICE AT ANANDA RAO CIRCLE RACE COURSE ROAD, BANGALORE - 560 009. 17. MR. SANJAY RAJ C.D. S/O. DEVARAJ C.H., MAJOR R/AT NO.4, BENSON ROAD CROSS BENSON TOWN, BANGALORE - 560 046. - 5 - HC-KAR NC: 2026:KHC:35643 WP No. 19509 of 2026 18. SRI. M. VENKATASWAMAIAH @THAMMANNA S/O. LATE MUNITHIMMAIAH AGED ABOUT 67 YEARS 19. SRI. CHIKKATHAMMAIAH S/O. LATE MUNITHIMMAIAH AGED ABOUT 62 YEARS 20. G. MUNIYAPPA S/O. LATE VENKATAPPA AGED ABOUT 85 YEARS RESPONDENT NOS. 18 TO 20 ARE R/A MAHADEVAPURA KODIGEHALLI VILLAGE JALA HOBLI, BANGALORE NORTH TALUK - 562 149. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO THE LEARNED XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-40) AT BENGALURU IN PASSING ORDERS SESSIONS ON IA NO.5/2025 ANNX-A AND MEMO ANNX-C WITHIN TIME FRAME 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 The present writ petition is filed seeking the following prayers: "i) Issue a writ of mandamus or any other appropriate writ order or direction to the learned XXXIX Additional - 6 - HC-KAR NC: 2026:KHC:35643 WP No. 19509 of 2026 City Civil and Sessions Judge (CCH-40) at Bengaluru in passing orders on I.A.No.5/2025 [Annexure-A] and memo [Annexure-C] within time frame. ii) Pass such other order in the facts and circumstances of the above case in the interest of justice." 2. Learned counsel for the petitioner submits that the Court has heard both parties on the I.A. filed by the petitioner- defendant to transpose him as a plaintiff, as it is alleged that there is collusion and the plaintiff is alienating the properties by entering into an agreement with the developers. The Court heard it on 15.11.2025. From 15.11.2025, the matter has come up on 12.12.2025, 13.01.2026, 28.01.2026, 19.02.2026, 07.03.2026, 12.03.2026, 16.03.2026 and on 27.04.2026. Learned counsel for the petitioner submits that whenever the matter comes up, the order shows that due to the rush of work the order could not be released, and this has been going on for the last six months. 3. Considering the submissions of the learned counsel for the petitioner, this Court is passing the following; - 7 - HC-KAR NC: 2026:KHC:35643 WP No. 19509 of 2026 ORDER (i) It is submitted that the earlier Presiding Officer is transferred, now the new Presiding Officer is insisting to argue on the merits of the matter. The petitioner has to argue the matter on the merits of it. Based on the earlier hearing made by the other officer, the present Presiding Officer cannot pass an order. (ii) In that view of the matter, the writ petition is disposed of, requesting the Trial Court to expeditiously hear the matter. SD/- (LALITHA KANNEGANTI) JUDGE GH List No.: 1 Sl No.: 18