- 1 - HC-KAR CNR: KAHC010605512026 NC: 2026:KHC:47106 WP No. 27327 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 27327 OF 2026 (GM-CPC) BETWEEN: SMT. BACHAMMA, D/O LATE HEMANNA, W/O ANJINAPPA, AGED ABOUT 45 YEARS, R/AT. DODDAHOSHALLI VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-573 116 …PETITIONER (BY SRI. SHIVA KUMAR N., ADVOCATE) AND: 1. SMT. AKKAYYAMMA W/O LATE HEMANNA, AGED ABOUT 70 YEARS, R/AT YADIYURU VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU RURAL DISTRICT-562 157 2. SRI. MUNIYAPPA @ MARIYAPPA S/O LATE HEMANNA, AGED ABOUT 50 YEARS, R/AT YADIYURU VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU RURAL DISTRICT-562 157 3. SRI. MUNIRAJU, S/O. LATE HEMANNA, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010605512026 NC: 2026:KHC:47106 WP No. 27327 of 2026 AGED ABOUT 38 YEARS R/AT YADIYURU VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU RURAL DISTRICT-562 157 4. SMT. LAKSHMAMMA, D/O LATE HEMANNA W/O KRISHNAPPA AGED ABOUT 55 YEARS, R/AT YADIYURU VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU RURAL DISTRICT-562 157 5. SRI. N. SURENDRA BABU, S/O. C. NANJUNDAPPA, AGED ABOUT 43 YEARS, R/AT NO.11, R.S. PALYA, M.S. NAGARA, BANGALORE-33 6. RATHNAMMA (SINCE DEAD BY HER LRS) BACHAREDDY, S/O LATE RATNAMMA, AND LATE SEETHAPPA, AGED ABOUT 66 YEARS R/AT. SUGATTA VILLAGE, JALA HOBLI, HUNASAMARANAHALLI POST, YELAHANKA TALUK, BENGALURU RURAL DISTRICT-562 157 7. CHETHAN B., S/O. LATE RATNAMMA AND LATE SEETHAPPA, AGED ABOUT 36 YEARS R/AT. SUGATTA VILLAGE, JALA HOBLI, HUNASAMARANAHALLI POST, YELAHANKA TALUK, BENGALURU RURAL DISTRICT-562 157 …RESPONDENTS - 3 - HC-KAR CNR: KAHC010605512026 NC: 2026:KHC:47106 WP No. 27327 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING, THE COURT OF THE 1ST ADDL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, TO TAKE UP AND DISPOSE OF I.A. NOS.17, 18 AND 19 PENDING IN O.S.NO.40/2013, ON MERITS AND IN ACCORDANCE WITH LAW, AS EXPEDITIOUSLY AS POSSIBLE WITHIN A TIME FRAME TO BE FIXED BY THIS HONBLE 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 prayer: “Wherefore, the plaintiff prays that this Hon’ble Court may be pleased to pass judgment and decree against the defendants. a. Declare that the plaintiffs entitled for 2/6th share in the suit schedule properties and effect the partition and separate possession by metes and bounds. b. Grant such other relief’s this Hon’ble Court deems fit to grant in the circumstances. C. Grant the mesne profit.” 2. The petitioners seek mandamus to dispose of an application filed on 25.06.2026. The suit is of the year 2013. - 4 - HC-KAR CNR: KAHC010605512026 NC: 2026:KHC:47106 WP No. 27327 of 2026 Now an application is filed not to put up construction and there may be a direction to dispose of the matter. 3. 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 the same, unless and until a case is made out. 4. Considering the fact that the suit is of the year 2013 and the IA is filed recently, 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.: 25