- 1 - HC-KAR NC: 2026:KHC:22610 WP No. 13028 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13028 OF 2026 (GM-CPC) BETWEEN: SRI KUMARASWAMY S/O LATE LINGAPPA AGE ABOUT 68 YEARS R/AT KESTUR VILLAGE KORA HOBLI, TUMAKURU TALUK-572128. …PETITIONER (BY SRI. SOMASHEKHARAIAH.R.P., ADVOCATE) AND: 1. SIDDALINGAMMA D/O LATE PUTTAIAHA AGED ABOUT 68 YEARS R/AT KUNDAGERE VILLAGE DASANAPURA HOBLI BENGALURU NORTH TALUK-562162. 2. SAROJAMMA D/O LATE PUTTAILAH AGE ABOUT 58 YEARS R/AT MARACHARAHALLI THEETHA POST KORATAGERE TALUK TUMAKURU DISTRICT-572129. 3. VIJAYAMMA D/O LATE PUTTAIAH AGED ABOUT 55 YERS R/AT HONNASANDRA VILLAGE DASANAPURA HOBLI BENGALURU NORTH TALUK-562162. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22610 WP No. 13028 of 2026 4. UMESHA S/O LATE BASAVARAJU AGED ABOUT 45 YEARS R/AT KESTUR VILLAGE KORA HOBLI TUMAKURU TALUK-572128. 5. SHEKAR S/O LATE BASAVARAJU AGED ABOUT 42 YEARS R/AT KESTUR VILLAGE KORA HOBLI,TUMAKUKRU TALUK-572158. 6. DHAKSHINAMUTHRY AGED ABOUT 29 YEARS R/AT KESTUR VILLAGE, KORA HOBLI TUMAKUKRU TALUK-572128. 7. PARVATHAMMA D/O LATE PUTTAIAH AGED ABOUT 74 YEARS R/AT KESTUR VILLAGE, KORA HOBLI TUMAKUKRU TALUK-572128. 8. SHIVAKUMAR S/O LATE PUTTAIAH AGED ABOUT 65 YEARS R/A KESTUR VILLAGE KORA HOBLI TUMAKUKRU TALUK-572128. 9. GANGAMBIKE W/O SIDDAGANGAIAH R/AT KESTUR VILLAGE, KORA HOBLI TUMAKUKRU TALUK-572128. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS, DIRECTIONG THE IV ADDL. CIVIL JUDGE TUMAKURU TO ALLOT 3RD ITEM OF THE SUIT SCHEDULE PROPERTY TO THE PETITIONER HEREIN EXCLUSIVE IN FDP NO. 19/2024 BY CONSIDERING THE IA FILED BY THE - 3 - HC-KAR NC: 2026:KHC:22610 WP No. 13028 of 2026 PETITIONER UNDER SECTION 54 OF CPC UNDER ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-defendant No.4 seeking for a writ of mandamus directing the IV Additional Civil Judge and JMFC, Tumakuru, (hereinafter referred to as ‘Trial Court’ for short) to consider and dispose of the application filed by the petitioner in FDP No.19/2024 under Section 151 read with Section 54 of CPC. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiffs (respondents herein) filed a suit in O.S.No.264/2006 for partition and separate possession. The said suit came to be dismissed. Being aggrieved by the same, the plaintiffs preferred an appeal in R.A.No.11/2021 before the VII Additional District Judge, - 4 - HC-KAR NC: 2026:KHC:22610 WP No. 13028 of 2026 Tumakuru, which came to be allowed. The order passed by the Trial Court was set aside, and the suit filed by the plaintiffs for partition and separate possession was decreed. Thereafter, the plaintiffs filed FDP No.19/2024 before the Trial Court. The petitioner, claiming to be a purchaser of a portion of the suit schedule property, filed an application under Section 151 read with Section 54 of the CPC in the FDP proceedings. Since the said application has not been considered, the petitioner is before this Court. 4. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible. 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. - 5 - HC-KAR NC: 2026:KHC:22610 WP No. 13028 of 2026 b) The Trial Court is directed to dispose of the application under Section 151 read with Section 54 of CPC, in accordance with law and as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. c) Parties are directed to co-operate for early disposal of the application. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 38