Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010522612026 NC: 2026:KHC:42234 WP No. 24026 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24026 OF 2026 (GM-CPC) BETWEEN:
1.
SRI. JAYARAJ C.M., S/O. LATE CHITTOR MUNISWAMAPPA, (SINCE DEAD REPTD BY ITS LEGAL REPRESENTATIVES)
MR. JOSEPH ANTONY JAYARAJ S/O LATE C M JAYARAJ AGED ABOUT 56 YEARS.
R/A NO.1, JAY’S VILLA, 2ND CROSS, BYRAWESHWARA LAYOUT, HENNUR VILLAGE ROAD, KALYAN NAGAR POST, BENGALURU – 560 043.
2.
MR. JOHN JAGADEESH JAYARAJ S/O LATE C M JAYARAJ AGED ABOUT 58 YEARS.
R/A NO.1, JAY'S VILLA, 2ND CROSS, BYRAWESHWARA LAYOUT, HENNUR VILLAGE ROAD, KALYAN NAGAR POST, BENGALURU – 560 043.
3.
MR. JAYARAJ JAYAKUMAR S/O LATE C M JAYARAJ AGED ABOUT 61 YEARS.
R/A APT BLK 677C YISHUN RING ROAD, #08-1948, SINGAPORE – 763 677.
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010522612026 NC: 2026:KHC:42234 WP No. 24026 of 2026
4.
MRS. JAYANTHI CHRISTINA JAYARAJ D/O LATE C M JAYARAJ AGED ABOUT 49 YEARS, R/A UNIT 10, 17 BRUCE STREET, BLACK TOWN, NSW 2148, AUSTRALIA.
PETITIONER NO.1 REPRESENTED BY HIMSELF AND SPECIAL POWER OF ATTORNEY HOLDER OF PETITIONER NO.2 TO 4
…PETITIONERS (BY SRI. A.G. NAGARAJA, ADVOCATE) AND:
1.
SMT. BHAGYAMMA, D/O VENKATARAMANAPPA, AGED ABOUT 52 YEARS, R/A SARKAR GUTTAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT.
PINCODE – 562 114
2.
SMT. ANNAPURNAMMA, W/O MUNIRAJU, AGED ABOUT 47 YEARS, R/A SARKAR GUTTAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT.
PINCODE – 562 114 …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO PASS CONSIDERABLE ORDERS ON I/A FILED UNDER
ORDER 39 RULE 2(A) OF CPC FILED BY THE PETITIONERS AND THE APPLICATION FILED UNDER ORDER 7 RULE 11(A) AND (D) FILED BY THE RESPONDENTS IN A PENDING SUIT IN
- 3 -
HC-KAR
CNR: KAHC010522612026 NC: 2026:KHC:42234 WP No. 24026 of 2026
O.S.NO.1401/2022 ON THE FILE OF THE HONORABLE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AT HOSAKOTE PRODUCED AT ANNEXURE-F AND G AND PASS THE JUDGMENT WITHIN A TIME FRAME FIXED BY THIS HONBLE COURT. AND ETC.,
THIS WRIT 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 prayer:
"PRAYER Wherefore the petitioners pray that this honourable court be pleased to pass the following orders:
a) Issue Writ of Mandamus directing the trial court to pass considerable orders on I/A filed under order 39 rule 2(a) of CPC filed by the petitioners and the application filed under order 7 rule 11(a) and (d) filed by the respondents in a pending suit in 0.S.No.1401/2022 on the file of the Honorable court of the Senior Civil Judge and JMFC at Hosakote produced at Annexure'F' and 'G' and pass the judgment within a time frame fixed by this Hon'ble Court.
b) To pass such other and further relief if deems fit by this honourable court in the interest of justice and equity."
2. Learned counsel appearing for the petitioners submits that two applications are pending before the trial Court. One application is filed by the plaintiffs, and the other by the defendants, and both have been pending for the last four years.
- 4 -
HC-KAR
CNR: KAHC010522612026 NC: 2026:KHC:42234 WP No. 24026 of 2026
3. Considering the submissions of the learned counsel for the petitioners and the fact that these applications were filed long back, this Court is passing the following order:
ORDER i. The Senior Civil Judge and JMFC at Hosakote, is
directed to dispose of the I.As. within a period of eight weeks from the date of receipt of copy of the order. ii. Accordingly, the writ petition is disposed of. iii. All I.As.in this petition shall stand closed.
Sd/- (LALITHA KANNEGANTI) JUDGE
MEG List No.: 1 Sl No.: 23