SMT JANAKIBAI W/O PARASHURAM PALKAR, v. SMT JIJABAI CLAIM TO BE W/O PARASHURAM PALKAR,
WP/100249/2026 · 2026-02-11
Lalitha Kanneganti
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5503 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5503 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC-D:2044 WP No. 100249 of 2026
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100249 OF 2026 (GM-CPC) BETWEEN:
1. SMT. JANAKIBAI W/O. PARASHURAM PALKAR, AGE. 61 YEARS, OCC. HOUSEHOLD WORK, C/O. MANOHAR HATTARKI, PLOT NO.1040 GOURI BUILDING, NEAR GANESH GARDEN, SUBHASH MARKET ROAD, HINDWADI, TAL. AND DIST. BELAGAVI-590011. 2. SHRI. KIRAN S/O. PARASHURAM PALKAR, AGE. 37 YEARS, OCC. PVT. SERVICE, C/O. MANOHAR HATTARKI, PLOT NO.1040, GOURI BUILDING, NEAR GANESH GARDEN, SUBHASH MARKET ROAD, HINDWADI, TAL. AND DIST. BELAGAVI-590011. …PETITIONERS (BY SRI. SANDEEP HOSAMATH, ADVOCATE)
AND:
1. SMT. JIJABAI CLAIM TO BE W/O. PARASHURAM PALKAR, AGE. 61 YEARS, OCC. HOUSEHOLD WORK, R/O. HOUSE NO.451/2, CTS. NO.1259, IIND CROSS, NAZAR CAMP, VADAGAON, BELAGAVI, TAL. AND DIST. BELAGAVI-590005. 2. KUM. VINAYAK CLAIM TO BE S/O. PARASHURAM PALKAR, AGE. 28 YEARS, OCC. STUDENT, R/O. HOUSE NO.451/2, CTS. NO.1259, IIND CROSS, NAZAR CAMP, VADAGAON, BELAGAVI, TAL. AND DIST. BELAGAVI-590005. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC-D:2044 WP No. 100249 of 2026
3. THE ASSISTANT GENERAL MANAGER, UNION BANK OF INDIA (A GOVT. OF INDIA UNDERTAKING) REGIONAL OFFICE, 1049/B-2, TILAKWADI, KHANAPUR ROAD, BELAGAVI, TAL. AND DIST. BELATGAVI-590016. 4. THE REGISTRAR, CITY CORPORATION BELAGAVI, BIRTH AND DEATH SECTION, SP ROAD, BELAGAVI-577428. 5. SMT. SHAILA @ SHALAJA WD/O. PARASHURAM PALKAR, AGE. 50 YEARS, OCC. HOUSEHOLD, R/O. MULGUND, TQ. AND DIST. GADAG-582117. 6. KUMARI. AKSHATA D/O. PARASHURAM PALKAR, (AFTER MARRIAGE, SMT. SANJANA W/O. MAHANTESH YALIGAR, AGE. 33 YEARS, OCC. HOUSEHOLD, R/O. VAKKALIGAR ONI, NEAR 3 NO. SCHOOL GADAG-582103) …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, THEREFORE, IN VIEW OF THE ABOVE FACTS, GROUNDS, CIRCUMSTANCES, AND AUTHORITIES RELIED UPON, THE PETITIONERS MOST RESPECTFULLY PRAYING TO GRANT THE FOLLOWING RELIEFS TO THE PETITIONERS. I. TO ISSUE A DIRECTION BY WAY OF WRIT OF MANDAMUS TO III ADDL. CIVIL JUDGE, BELAGAVI, TO ADJUDICATE THE ORIGINAL SUIT NO.490/2016 AT THE EARLIEST. II. TO ISSUE A DIRECTION BY WAY OF WRIT OF MANDAMUS TO III ADDL. CIVIL JUDGE, BELAGAVI, TO ADJUDICATE SAID I.A NO.02 AND 03 AND THE CONNECTED MEMOS, BEFORE PROCEEDING WITH THE SAID MATTER. III.
ISSUE ANY OTHER ORDER OR DIRECTION OR WRIT WHICH THIS HON’BLE COURT DEEMS FIT IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
- 3 -
HC-KAR NC: 2026:KHC-D:2044 WP No. 100249 of 2026
ORAL ORDER The present writ petition is filed seeking mandamus directing the III Additional Civil Judge, Belagavi to adjudicate Original Suit No.490/2016 at the earliest. It is the case of the petitioner that she who is a senior citizen aged about 61 years.
2. The Hon’ble Apex Court has repeatedly held that the High Court should not issue a writ of mandamus directing the Trial Courts to dispose of a matter within a fixed time frame, as it is for the Trial Court to regulate and decide cases as per the requirements. Unless and until it is an exceptional warranting such order, the Court cannot pass any order. Hence in that regard, considering the submission of the counsel appearing for the petitioners, this Court had called for the report from the concerned Trial Court to look at the pendency of cases. The said report indicates that the total pending suits before the Trial Court upto the year 2016 as on 31.01.2026 are about 137. Right from 1994, the matters are pending and as per the latest data, upto 2013 there are 17 matters, upto 2014 there are 15 matters, upto 2015 there are 29 matters and upto 2026 there are 44 matters.
- 4 -
HC-KAR NC: 2026:KHC-D:2044 WP No. 100249 of 2026
3. In view of the above, this Court cannot fix any timeline to the Trial Court to dispose of the matter. However, considering the case of the petitioner No.1 who is aged about 61 years, this Court is passing the following:
ORDER (i) The writ petition is disposed of requesting the III Additional Civil Judge, Belagavi to expedite the hearing of Original Suit No.490/2016. (ii) All I.As. in this writ petition shall stand closed.
Sd/- JUSTICE LALITHA KANNEGANTI
RH CT: UMD List No.: 1 Sl No.: 5