Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:1769 WP No. 39573 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 39573 OF 2025 (GM-CPC) BETWEEN:
1.
AJAYA MARODIA, S/O SHYAMASUNDAR MARODIA, AGED ABOUT 62 YEARS,
2.
SMRITI MARODIA, W/O AJAYA MARODIA, AGED ABOUT 58 YEARS,
BOTH ARE R/O FALT NO-4A, ABHISARIKA BUILDING, NO-118, SOUTHERN AVENUE, CALCUTTA – 700 029, ALSO R/O GLOBE POULTRY FARM, NEW NO. 456/(447/4) – 562 114, SUILIBELE ROAD, HOSKOTE-TQ. …PETITIONERS (BY SRI. S. B. HALLI, ADVOCATE)
AND:
1.
H. N. SUGUNA, D/O LATE H. J. NARAYANASWAMY, AGED ABOUT 54 YEARS,
2.
H.N. GIRIJA, D/O LATE H.J. NARAYANASWAMY, AGED ABOUT 51 YEARS,
R1 & R2 ARE R/O K. R. ROAD, HOSKOTE TOWN – 562 114,
3.
H. N. ARUN KUMAR, S/O LATE H.J. NARAYANASWAMY, AGED ABOUT 56 YEARS,
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:1769 WP No. 39573 of 2025
4.
H. N. MURALIKRISHNA.
S/O LATE H. J. NARAYANASWAMY, AGED ABOUT 49 YEARS,
5.
M/S KARNATAKA STATE FINANCE CORPORATION, REPT. BY ITS DEPUTY GENERAL MANAGER, BRANCH OFFICE AT NO-48, CHURCH STREET, BENGALURU – 01
6.
B.S. DHANAJAYA, S/O SHIVALINGEGOWDA, AGED ABOUT 50 YEARS, R/O NO-341, BYRAPATNA VILLAGE.
MOLAR-POST – 562 160, MALURU HOBLI – 562 160, CHANNAPATTANA-TQ, RAMANAGARA DISTRICT, …RESPONDENTS
THIS W.P, IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRAIL COURT TO DISPOSE OF THE SUIT O.S NO. 263/2013 PENDING ON THE FILE OF LEARNED PRINCIPAL CIVIL AND JMFC AT HOSAKOTE, BENGALURU RURAL AS EARLY AS POSSIBLE WITHIN PERIOD OF 3 MONTHS.
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, the petitioners seek the following reliefs:
“a) To direct the Trial Court to dispose of the suit O.S.No.263/2013 pending on the file of learned PRINCIPAL CIVIL AND JMFC AT HOSAKOTE, BENGALURU RURAL, as early as possible within period of 3 months, and,
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HC-KAR NC: 2026:KHC:1769 WP No. 39573 of 2025
b) To pass any other relief/s which deems fit on the facts and circumstances case, in the interest of justice and equity.”
2. Heard learned counsel for the petitioners and perused the material on record. 3. In the earlier round of litigation, in W.P.No.16786/2024 dated 11.11.2024, this Court passed the following order:
“The defendant Nos.5 and 6 in 0.5 No.263/2013 have filed this petition seeking for a direction to the II Additional Civil Judge and JMFC., Hosakote, (henceforth referred to as 'the Trial Court') to dispose off the suit. 2. The suit in O.S. No.263/2013 was filed for partition of the plaintiffs' 1/4th share in the suit schedule property and consequential reliefs. The suit is contested by the defendant Nos.5 and 6. They claimed that the plaintiffs have no right, title or interest in the suit schedule property. The trial in the suit has begun and the suit is now listed for the evidence of the defendants. 3. The contention of the defendant Nos.5 and 6/petitioners is that the suit is proceeding at a snail's pace and therefore, they requested for a direction to the Trial Court to dispose off the suit as expeditiously as possible. - 4 -
HC-KAR NC: 2026:KHC:1769 WP No. 39573 of 2025
4. Learned counsel for the plaintiffs/respondent Nos. 1 and 2 submits that he has no objection for the Trial Court to dispose off the suit. 5. Having regard to the fact that the suit is now listed for evidence of the defendants, it is appropriate to direct the Trial Court to dispose off the suit within four months from the date of the defendants concluding their evidence. Consequently, this writ petition is allowed and the Trial Court is directed to dispose off the suit in O.S. No.263/2013 within four months from the date of conclusion of the evidence of the defendants.”
4. Despite the expiry of the aforesaid period fixed by this Court in W.P.No.16786/2024 (Annexure-D), the suit is still pending as on today. 5.
Under these circumstances, the petition is disposed of by directing the Trial Court to dispose of the suit on or before
30.04.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 1 Sl No.: 81