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2026 DAILYLAW 41698 (KAR)

SMT. SHANTHAMMA SINCE DEAD BY LRS., SMT. VENI v. N.R NAGARAJAPPA SINCE DEAD BY LR'S

WP/28961/2026 · 2026-09-24

K V Aravind

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010636162026 NC: 2026:KHC:53095 WP No. 28961 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28961 OF 2026 (GM-CPC) BETWEEN: 1. SMT. SHANTHAMMA SINCE DEAD BY LRS., SMT. VENI D/O LATE ANJINAPPA AND LATE SHANTHAMMA AGED ABOUT 45 YEARS, 2. SRI. MURALIDHAR N.A., S/O LATE ANJINAPPA AND LATE SHANTHAMMA AGED ABOUT 43 YEARS BOTH ARE RESIDING AT NADUVATHI COLONY AND VILLAGE, KASABA HOBL, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 560 090. …PETITIONERS (BY SRI. RAJESH GOWDA, ADVOCATE) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010636162026 NC: 2026:KHC:53095 WP No. 28961 of 2026 AND: 1. N.R. NAGARAJAPPA SINCE DEAD BY LR'S SMT. N.T. RATHANAMMA W/O LATE N.R NAGARAJAPPA AGED ABOUT 60 YEARS, 2. SRI. N. MUNIRAJU S/O LATE N.R NAGARAJAPPA AGED ABOUT 40 YEARS, 3. SRI. N. SHIVAPRAKASH S/O LATE N.R NAGARAJAPPA AGED ABOUT 32 YEARS, 4. SRI. N. SURESH S/O LATE N.R NAGARAJAPPA AGED ABOUT 32 YEARS NO.1 TO 4 ARE RESIDING AT NADUVATHI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT - 560 090. 5. SMT. N. JYOTHI D/O LATE N.R NAGARAJAPPA W/O VENKATASWAMY AGED ABOUT 30 YEARS, R/AT BYRANGIMATHA VILLAGE, MASTHI HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 139. - 3 - HC-KAR CNR: KAHC010636162026 NC: 2026:KHC:53095 WP No. 28961 of 2026 6. SMT. JAYAMMA W/O LATE NARAYANAPPA AGED ABOUT 65 YEARS, R/AT DOOR NO. 28/1, NEAR BUS STOP, PRANAYA LAB BUILDING, MARUTHI SEVA NAGAR, BANGALORE - 560 033. 7. SMT. GOWRAMMA W/O LATE GOVINDAPPA AGED ABOUT 70 YEARS, R/AT DOOR NO. 150, 1ST FLOOR, 1ST MAIN, 7TH BLOCK, OPP. SOMESHWARA TEMPLE, KORAMANGALA, BANGALORE - 90. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) TO ISSUE A WRIT OR NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECT THE COURT BELOW / SENIOR CIVIL JUDGE AND JMFC AT HOSAKOTE, TO DISPOSE OF THE SUIT IN OS NO. 83/2022, VIDE ANNEXURE- A, WITHIN STIPULATED TIME AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 4 - HC-KAR CNR: KAHC010636162026 NC: 2026:KHC:53095 WP No. 28961 of 2026 ORAL ORDER The present petition is filed seeking a limited prayer for a direction to the trial Court to expedite the disposal of O.S. No.1179/2008, re-numbered as O.S. No.83/2022, pending on the file of the Principal Civil Judge (Sr. Dn.), Bengaluru (for short, ‘the trial Court’). 2. Considering the limited nature of the order proposed to be passed by this Court, notice to the respondents is dispensed with. 3. The suit is one for declaration. Even after a lapse of 18 years, as is evident from the order sheet placed on record, the suit is still at the stage of cross-examination of the plaintiff’s witnesses, and thereafter, at the stage of filing of an additional written statement in view of the subsequent amendments to the pleadings. The order sheet of the trial Court does not disclose any justifiable reason for the delay in progressing with the suit. 4. In the circumstances, this Court is inclined to entertain the present petition. The trial Court is directed to dispose of - 5 - HC-KAR CNR: KAHC010636162026 NC: 2026:KHC:53095 WP No. 28961 of 2026 O.S. No.83/2022 expeditiously, preferably within an outer limit of one year from the next date of hearing. With the above observations, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 44