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2026 DAILYLAW 36422 (KAR)

SRI. PRAKASH v. SRI. ABDUL RAZAK

WP/25559/2026 · 2026-08-17

Lalitha Kanneganti

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010558052026 NC: 2026:KHC:44066 WP No. 25559 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.25559 OF 2026 (GM-CPC) BETWEEN: SRI. PRAKASH, S/O LATE M.K. ANANTHARAJ, AGED ABOUT 68 YEARS, R/AT JANKALA HOUSE, SANGABETTU VILLAGE, POST SIDDAKATTE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT – 574 211. …PETITIONER (BY SMT. APARAJITHA ARIGA K., ADVOCATE FOR SRI. K.A.ARIGA, ADVOCATE) AND: SRI. ABDUL RAZAK, S/O LATE IDDINABBA, AGED ABOUT 80 YEARS, R/AT SIDDAKATTE MAIN ROAD, OPPOSITE DURGA HARDWARE, SANGABETTU VILLAGE, POST SIDDAKATTE, BANTWAL TALUK DAKSHINA KANNADA DISTRICT – 574 211. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010558052026 NC: 2026:KHC:44066 WP No. 25559 of 2026 MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC, BANTWAL, TO EXPEDITIOUSLY PROCEED WITH AND DISPOSE OF O.S NO.44/2025 PENDING ON ITS FILE, WITHIN SUCH TIME AS MAY BE FIXED BY THIS HON'BLE COURT. 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: “Wherefore, the petitioner most respectfully prays that this Hon’ble Court may be pleased to: a. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Court of the Principal Civil Judge and JMFC, Bantwal, to expeditiously proceed with and dispose of O.S.No.44/2025 pending on its file, within such time as may be fixed by this Hon’ble Court. b. Pass such other order or direction as this Hon’ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity.” - 3 - HC-KAR CNR: KAHC010558052026 NC: 2026:KHC:44066 WP No. 25559 of 2026 2. In the light of the Judgment of the Hon'ble Apex Court in the case of High Court Bar Association Allahabad Vs, The State Of Uttar Pradesh in Crl.A.No.3589/2023 dated 29.02.2024, this Court in every case cannot issue a writ of mandamus directing the Court to dispose of the matter for the sake of asking unless and until there is an exceptional case, which warrants order from this Court. 3. The suit is of the year 2025. Considering the fact that the much older matters are pending, this Court is not inclined to issue any mandamus. Accordingly, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 60