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2026 DAILYLAW 36816 (KAR)

SRI ALKESH VINOD SHAH, v. SRI NITIN KANJI SHAH,

WP/25119/2026 · 2026-08-24

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010548512026 NC: 2026:KHC:45456 WP No. 25119 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25119 OF 2026 (GM-CPC) BETWEEN: 1. SRI ALKESH VINOD SHAH AGED ABOUT 42 YEARS S/O LATE SRI VINOD KANJI SHAH RESIDING AT NO. 5, KALPAVRAKUSH HOMES FIRST FLOOR 1ST MAIN ROAD, UPPER PIPE LINE ROAD KUMARA PARK WEST BENGALURU-560 020 …PETITIONER (BY SRI. ANGAD KAMATH.,ADVOCATE) AND: 1. SRI NITIN KANJI SHAH S/O LATE SRI KANJI DEVSHI SHAH AGED ABOUT 60 YEARS RESIDING AT NO.7, KUNAL UPPER PIPELINE ROAD KUMARA PARK WEST, BENGALURU - 560 020 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) DIRECT THE XII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH- 27) TO DISPOSE OF MISC. NO. 915/2018 ARISING OUT OF Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010548512026 NC: 2026:KHC:45456 WP No. 25119 of 2026 A.A. NO. 242/2017, PRODUCED ANNEXURE-A, TOGETHER WITH ALL OBJECTIONS AND APPLICATIONS PENDING THEREIN, WITHIN AN OUTER LIMIT OF THREE MONTHS FROM THE DATE OF RECEIPT OF A COPY OF THE ORDER OF THIS HONBLE COURT, BY HEARING THE SAME ON A DAY-TO-DAY BASIS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER 1. The writ petition is filed seeking the following prayer: Wherefore, the petitioner humbly prays that this Hon'ble Court may be pleased to: a. Direct the XII Addl. City Civil and Sessions Judge, Bengaluru (CCH-27) to dispose of Misc. No. 915/2018 arising out of A.A. No. 242/2017 produced at Annexure-A together with all objections and applications pending therein, within an outer limit of three months from the date of receipt of a copy of the order of this Hon'ble Court, by hearing the same on a day-to-day basis; - 3 - HC-KAR CNR: KAHC010548512026 NC: 2026:KHC:45456 WP No. 25119 of 2026 b. Direct the said Court, in the course of such disposal, to take up and decide first the objection of the Petitioner to the maintainability of Misc. No. 915/2018 consequent upon the dismissal of A.A. No. 242/2017 by order dated 17.12.2021: Produced at Annexior-E c. Direct that no adjournment shall be granted in Misc. No. 915/2018 except for reasons recorded in writing and on payment of costs; d. Award the costs of these proceedings; and e. Grant such other or further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interests of justice and equity. 2. In this regard, the Court has called for report from the concerned Judge. Report regarding the letter dated 19.08.2026 is placed before the court. It is stated that the matter is posted for further cross-examination of RW.1 on 09.09.2026 and the court requires 3 months' time for disposal of the petition on merits. In the month of December 2026, before the commencement of the winter vacation undertakes to dispose of the matter. - 4 - HC-KAR CNR: KAHC010548512026 NC: 2026:KHC:45456 WP No. 25119 of 2026 3. Considering the letter dated 19.08.2026, the writ petition is disposed of directing the learned Judge to dispose of the matter within 3 months. 4. All IAs, in this petition, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SKS