Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010204492026 NC: 2026:KHC:37080 WP No. 9592 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9592 OF 2026 (GM-CPC) BETWEEN:
SMT. SUBHADRAMMA W/O LATE.SHIVANNA M, AGED ABOUT 82 YEARS, R/AT NO.19, KALIDASA MAIN ROAD, JAYALAKSHMIPURAM, V.V.MOHALLA, MYSORE CITY - 570 012. …PETITIONER (BY SRI. K. MURTHY, ADVOCATE) AND:
1.
SMT. HARI VATHSALA AHLUWALIA D/O.LATE.M.SHIVANNA, W/O.HAMINDER S AHLUVALIA, AGED ABOUT 66 YEARS, R/AT DOOR NO.7283, SILVER HILL PATH, VICTOR, NEW YORK - 14562, UNITED STATES OF AMERICA.
ALSO AT PRESENTLY AT HER SISTER HOUSE, C/O. MANONMANI M.S.
DOOR NO.1127, 19TH CROSS, NANDANAHALLI, VASANTHA NAGAR, MYSURU TALUK AND DISTRICT.
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010204492026 NC: 2026:KHC:37080 WP No. 9592 of 2026
2.
SMT. MANONMANI M.S. D/O.LATE.M.SHIVANNA, W/O.DEVAKUMAR, AGED ABOUT 60 YEARS, R/AT.DOOR NO.1127, 19TH CROSS, NANDANAHALLI, VASANTHA NAGAR, MYSURU TALUK AND DISTRICT.
3.
SRI. DR. MAHESH M.S, S/O. LATE M.SHIVANNA AGED ABOUT 57 YEARS, WORKING AS TALUK HEALTH OFFICER (THO) SAKALESHAPURA TOWN AND TALUK, HASSAN DISTRICT.
R/AT GOVERNMENT QUARTERS.
ALSO AT NO.19, KALIDASA ROAD, JAYALAKSHMIPURAM, V.V. MOHALLA, MYSURU - 570 012. …RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO DISPOSE OF THE PROCEEDINGS/SUIT IN O.S.NO.
1236/2023 AS PER ANNEXURE-J PENDING ON THE FILE OF III RD ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MYSURU AS PER LAW AT THE EARLIER POINT OF TIME BY FIXING TIME BOUND CONSIDERING THE AGE AND HEALTH CONDITION OF THE PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
CNR: KAHC010204492026 NC: 2026:KHC:37080 WP No. 9592 of 2026
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER The present writ petition is filed seeking the following prayers:
"1. Issue Writ in the nature of Mandamus directing the trial court to dispose of the proceedings/suit in O.S.No.1236/2023 as per Annexure-J pending on the file of IIIrd Additional Senior civil Judge and JMFC at Mysuru as per law at the earlier point of time by fixing time bound considering the age and health condition of the petitioner, ii. Further pass such other order or directions as deem fit under the facts and circumstances of the case, in the interest of justice and equity."
2.
Learned counsel for the petitioner submits that the petitioner is aged about 82 years and the suit is for partition. Considering the fact that she is a senior citizen, there may be a direction to the trial Court to dispose of the matter in a time- bound manner.
3. Generally, this Court will not issue a mandamus directing the trial courts to dispose of the matter, when the suit
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HC-KAR
CNR: KAHC010204492026 NC: 2026:KHC:37080 WP No. 9592 of 2026
is of the year 2023. However, considering the fact that the plaintiff is aged about 82 years and the suit is for partition. This Court deems it appropriate to pass the following order.
ORDER i. The writ petition is disposed of. ii. The Trial Court is directed to dispose of the suit in OS.No.1236/2023, on the file of the III Additional Senior Civil Judge and JMFC, Mysore, as expeditiously as possible. iii. Pending IAs., if any, shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
BH List No.: 1 Sl No.: 16