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2026 DAILYLAW 46175 (KAR)

SRI. KRISHNAPPA v. SRI. K. VIJAYAKUMAR

WP/2084/2026 · 2026-01-28

S R Krishna Kumar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:4717 WP No. 2084 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.2084 OF 2026 (GM-CPC) BETWEEN: 1. SRI. KRISHNAPPA, S/O LATE RAMAIAH, AGED ABOUT 77 YEARS, THOWDANAHALLI VILLAGE NANDHI HOBLI, CHIKKABALLPURA, TALUK & DISTR – 562 101. 2. SMT. ANJANADEVI W/O LATE KRISHNAPPA AGED ABOUT 74 YEARS, THOWDANAHALLI VILLAGE SRIRAMAPURA POST, NANDHI HOBLI, CHIKKABALLPURA, TALUK & DISTR – 562 101. …PETITIONERS (BY SRI. SRINATHA B.V., ADVOCATE) AND: 1. SRI. K. VIJAYAKUMAR, S/O R KRISHNAPPA, AGED ABOUT 52 YEARS, RESIDING AT THOWDANAHALLI VILLAGE SRIRAMPURA POST, NANDHI HOBLI, CHIKKABALLPURA TALUK & DISTRICT – 562 101. 2. KIRAN V, S/O VIJAY KUMAR, AGED ABOUT 21 YEARS, THOWDANAHALLI VILLAGE SRIRAMAPURA POST NANDHI HOBLI, CHIKKABALLPURA TALUK & DISTR – 562 101. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4717 WP No. 2084 of 2026 3. SRI. PURUSHOTHAM, S/O VIJAY KUMAR, AGED ABOUT 18 YEARS, THOWDANAHALLI VILLAGE SRIRAMAPURA POST NANDHI HOBLI, CHIKKABALLPURA TALUK & DISTR - 562 101. 4. SHREYAS, S/O K. PRASANNA KUMAR, AGED ABOUT 21 YEARS, THOWDANAHALLI VILLAGE SRIRAMAPURA POST NANDHI HOBLI, CHIKKABALLPURA TALUK & DISTR - 562 101. 5. K. PRASANNA KUMAR, S/O KRISHNAPPA, AGED ABOUT 54 YEARS, R/AT FLAT NO.G6, PSR CAMP, 3RD MAIN, POLICE STATION ROAD, HEBBAL, BENGALURU - 560 024. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS BY ISSUING DIRECTION TO THE HON'BLE 2ND ADDITIONAL CIVIL JUDGE AND JMFC AT CHIKKABALLAPUR TO CONSIDER THE APPLICATION I.A.NO.5 FILED BY THE PETITIONER UNDER SECTION 151 OF CPC IN O.S.NO.327/2024 VIDE ANNEXURE-C WITHIN THE STIPULATED TIME LIMIT TO MEET THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:4717 WP No. 2084 of 2026 ORAL ORDER In this petition, petitioners seek the following reliefs: “(i) Issue a writ of mandamus by issuing the direction to the Hon'ble 2nd Additional Civil Judge and JMFC at Chikkaballapur to consider the application I.A.No.5 filed by the petitioner under Section 151 of CPC in O.S.No.327/2024 vide Annexure-C within the stipulated time limit to meet the ends of justice. (ii) Pass such other order as this Hon'ble Court deems fit and necessary under the facts and circumstances of the case.” 2. In this petition, the limited prayer of the petitioners is for a direction to the Trial Court to dispose of I.A.No.5 filed by the petitioners – plaintiffs in the suit in O.S.No.327/2024, which currently stands posted on 04.02.2026, as expeditiously as possible, within a stipulated time frame. 3. In view of the aforesaid facts and circumstances and undisputed fact that I.A.No.5 filed by the petitioners – plaintiffs under Section 151 CPC in O.S.No.327/2024 as long back as on 28.03.2025 has not been disposed of by the Trial Court even till today, I deem it just and appropriate to dispose of this petition directing the Trial Court to dispose of the application – I.A.No.5 - 4 - HC-KAR NC: 2026:KHC:4717 WP No. 2084 of 2026 filed by the petitioner, in accordance with law, as expeditiously as possible preferably within a period of one month from the date of receipt of a copy of this order. 4. The parties are directed to co-operate with the Trial Court for expeditious disposal of the application. 5. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 64