Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010455352026 NC: 2026:KHC:38781 WP No. 20610 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20610 OF 2026 (GM-CPC) BETWEEN:
SRI MUNIMADAIAH S/O LATE MADAIAH AGED ABOUT 71 YEARS RESIDING AT THOGARIGHATTA VILLAGE ADENAHALLI POST, KASABA HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT. …PETITIONER (BY SMT. SARITHA A L., ADVOCATE) AND:
1.
SRI KRISHNAPPA S/O LATE MADAIAH AGED ABOUT 60 YEARS R/O THOGARIGHATTA VILLAGE ADENAHALLI POST, KASABA HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203.
SMT. VENKATALAKSHMAMMA
DEAD BY LRS.,
2.
SRI NAGARAJA S/O LATE VENKATALAKSHMAMMA AND LATE THIMMAIAH AGED ABOUT 50 YEARS NO.5, 34TH CROSS, PALANA JOGIHALLI VILLAGE MALLATHAHALLI POST, KASABA HOBLI
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010455352026 NC: 2026:KHC:38781 WP No. 20610 of 2026
DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203.
3.
SMT. LAKKAMMA D/O LATE VENKATALAKSHMAMMA AND LATE THIMMAIAH AGED ABOUT 47 YEARS NO.5, 34TH CROSS, PALANA JOGIHALLI VILLAGE MALLATHAHALLI POST, KASABA HOBLI DODDABALLAPURA TALUK-561203 BANGALORE RURAL DISTRICT.
4.
SRI MUNIRAJA S/O LATE VENKATALAKSHMAMMA AND LATE SRI THIMMAIAH AGED ABOUT 45 YEARS NO.5, 34TH CROSS PALANA JOGIHALLI VILLAGE MALLATHAHALLI POST, KASABA HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203.
5.
SMT. HANUMAKKA D/O LATE MADAIAH AGED ABOUT 69 YEARS
6.
SMT. ANJINAMMA D/O LATE MADAIAH AGED ABOUT 65 YEARS
R5 AND R6 ARE RESIDENTS OF THOGARIGHATTA VILLAGE ADENAHALLI POST, KASABA HOBLI DODDABALLAURA TALUK BANGALORE RURAL DISTRICT-561203.
7.
SRI M CHANDRAPPA S/O MUKUDAPPA AGED ABOUT 69 YEARS R/AT LAKSHMIDEVIPURA VILLAGE
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HC-KAR
CNR: KAHC010455352026 NC: 2026:KHC:38781 WP No. 20610 of 2026
TUBAGERE HOBLI, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203. …RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SENIOR CIVIL JUDGE, AT DODDABALLAPUR TO DISPOSE OF O.S.NO.52/2020 IN THE TIMEFRAME TO BE FIXED BY THIS HONBLE COURT 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:
“Issue, a writ of direct in the nature of mandamus or any other direction directing the Senior Civil Judge, at Doddaballapur to dispose of O.S.No.52/2020 in the timeframe to be fixed by this Hon’ble Court, to meet the ends of justice.
Issue any other writ or direction as this Hon’ble Court may deem fit in the facts and circumstances of the case.”
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HC-KAR
CNR: KAHC010455352026 NC: 2026:KHC:38781 WP No. 20610 of 2026
2. Learned counsel for the petitioner submits that initially the suit is filed in the year 2011, but now it is re-numbered as O.S.No.52/2020. The suit is pending before the Trial Court for more than 15 years. Considering the fact that this is a suit for partition and the plaintiff is aged about 71 years, a direction may be issued to the Trial Court to dispose of the suit expeditiously as possible.
3. In the light of the order passed by the Hon'ble Apex Court in the case of High Court Bar Association Allahabad Vs. The State of Uttar Pradesh arising out of Crl.A.No.3589/2023 dated 29.02.2024, the High Court cannot direct the Trial Court to dispose of the matters in a routine manner, unless and until it is an exceptional case or it makes out a ground warranting such an order.
4. Whenever a mandamus is sought, it cannot be issued in a routine manner. However, in exceptional cases, the mandamus can be issued. In this case, the suit is from the year 2011, and the plaintiff is about 71 years of age. In that view of the matter, this Court passes the following:
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HC-KAR
CNR: KAHC010455352026 NC: 2026:KHC:38781 WP No. 20610 of 2026
ORDER i. Accordingly, the Writ petition is disposed of. ii. The Trial Court is directed to dispose of the suit i.e., O.S.No.52/2020 within one year from the date of receipt of copy of this order. iii. All I.As., in this petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
DM/LIST NO.: 1 SL NO.: 20