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2026 DAILYLAW 46083 (KAR)

RISHI ORCHARDS PVT LTD. v. MUNIYAPPA

WP/1565/2026 · 2026-01-28

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4719 WP No. 1565 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.1565 OF 2026 (GM-CPC) BETWEEN: RISHI ORCHARDS PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.B1, 1301, GOKULAM APARTMENTS, DODDAKALLASANDRA, KANAKAPURA ROAD, BANGALORE – 560 062, REP. BY ITS DIRECTOR, a. PRAKASH CHANDRA NAHATA, S/O NORTAN LAL NAHATA, AGED 68 YEARS, b. SNEHALATA NAHATA, W/O PRAKASH CHANDRA NAHATA, AGED 63 YEARS, c. BHUMIKA NAHATA, D/O SRI. PRAKASH NAHATA, AGED ABOUT 37 YEARS. …PETITIONERS (BY SMT. SNEHA NAGARAJ, ADVOCATE) AND: MUNIYAPPA S/O LATE MUNIBYRAPPA, AGED ABOUT 81 YEARS, RESIDING AT JETTIPALYA VILLAGE, HAROHALLI POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT – 562 112 …RESPONDENT Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4719 WP No. 1565 of 2026 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO EXTEND THE TIME PERIOD OF 8 WEEKS DIRECTED IN W.P.NO.18916/2025 FOR DISPOSAL OF I.A.NO.7 TO 9; TO ISSUE A WRIT OF MANDAMUS DIRECTING FOR EARLY DISPOSAL OF I.A NO.7 PRODUCED AT ANNEXURE-H AND I.A NO.8 PRODUCED AT ANNEXURE-K (APPLICATION UNDER SECTION 144 OF THE CPC IN O.S 622/2023 PENDING ON THE FILE OF THE 1ST ADDL. CIVIL JUDGE, BENGALURU RURAL (ANNEXURE- A); PASS ANY OTHER ORDER(s) MAY KINDLY BE PASSED, WHICH THIS HON’BLE COURT DEEMS FIT AND PROPER, TOWARDS THE ENDS OF EQUITY, JUSTICE AND GOOD CONSCIENCE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: a) To extend the time period of 8 weeks directed in W.P.No.18916/2025 for disposal of I.A.Nos.7 to 9. b) To issue a writ of mandamus directing for early disposal of I.A No.7 produced at Annexure-H and I.A No.8 produced at Annexure-K (application under section 144 of the CPC) in O.S 622/2023 pending on the file of the 1st Addl. Civil Judge, Bengaluru Rural (Annexure-A). c) Pass any other order(s) may kindly be passed, which this Hon’ble Court deems fit and proper, towards the ends of equity, justice and good conscience. - 3 - HC-KAR NC: 2026:KHC:4719 WP No. 1565 of 2026 2. Learned counsel for the petitioners invited my attention to the order dated 07.07.2025 passed by the Co-ordinate Bench of this Court in W.P.No.18916/2025 in order to point out that pursuant to the said directions, the Trial Court has disposed of I.A.No.4/2025 filed in O.S.No.622/2023 while I.A.Nos.7, 8 and 9 are still pending consideration despite the timelines prescribed / fixed by this Court having expired and the matter stands posted before the Trial Court to 03.02.2026 and necessary directions may be issued in the present petition. 3. The said submission is placed on record. 4. Accordingly, the Trial Court, before whom of I.A.Nos.7, 8 and 9 filed in O.S.No.622/2023 are pending and the matter stands posted to 03.02.2026, is directed to dispose of the applications – I.A.Nos.7, 8 and 9, in accordance with law, as expeditiously as possible preferably within a period of four weeks from 03.02.2026. 5. All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. - 4 - HC-KAR NC: 2026:KHC:4719 WP No. 1565 of 2026 6. The parties are directed to co-operate with the Trial Court for expeditious disposal of the application. 7. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 60