Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:21731 WP No. 12413 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12413 OF 2026 (GM-CPC) BETWEEN:
SRI MUNIKRISHNAPPA S/O LATE NARAYANAPPA AGED ABOUT 51 YEARS R/AT DODDASAGARAHALLI VILLAGE NANDI HOBLI CHICKBALLAPUR TALUK & DISTRICT. …PETITIONER (BY SRI. CHIRANJEEVI K.R.., ADVOCATE) AND:
1.
SMT SHANKUNTHALA AGED ABOUT 55 YEARS D/O ANANTHARAMA CHAR W/O KRISHNAMURTHY R/AT CHIKKASAGARAHALLI VILLAGE NANDI HOBLI CHIKKBALLAPUR TALUK & DISTRICT.
2.
SRI. ANANTHARAMA CHAR AGED ABOUT 80 YEARS S/O LATE KESHAVAPPA R/AT CHIKKASAGARAHALLI VILLAGE NANDI HOBLI,CHICKBALLAPUR TALUK & DISTRICT.
3.
SMT. KAMALAMMA W/O SANJEEVA MURTHY D/O ANANTHARAMA CHAR AGED ABOUT 58 YEARS R/AT CHIKKABANAHALLI VILLAGE KADUGODI POST, BANGALORE-560067.
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:21731 WP No. 12413 of 2026
4.
SMT. JAYAMMA AGED ABOUT 56 YEARS D/O ANANTHARAMA CHAR W/O CHIKKAKRISHNA MURTHY R/AT KANAGANAHALLI VILLAGE ULLAPPANAHALLI POST CHINTAMANI TALUK & DISTRICT.
5.
SRI. VEDHANTHAMURTHY AGED ABOUT 49 YEARS S/O ANANTHARAMA CHAR R/AT CHIKKASAGARAHALLI VILLAGE NANDI HOBLI, KUDUVATHI POST CHICKBALLAPUR TALUK & DISTRICT.
6.
SRI. LAVAKUMAR AGED ABOUT 39 YEARS S/O ANANTHARAMA CHAR R/AT CHIKKASAGARAHALLI VILLAGE NANDI HOBLI, KUDUVATHI POST CHICKBALLAPUR TALUK AND DISTRICT.
7.
SRI. KUSHAKUMAR S/O ANANTHARAMA CHAR AGED ABOUT 36 YEARS R/AT CHIKKASAGARAHALLI VILLAGE NANDI HOBLI, KUDUVATHI POST CHICKBALLAPUR TALUK & DISTRICT.
8.
SRI.S.ADHITHYA RAVI RAJ AGED ABOUT 38 YEARS S/O S.JAIDEV R/AT NO.E1, VIKRAMPURI COLONY SECUNDERABAD-500009.
ANDRA PRADESH. …RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC,
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HC-KAR NC: 2026:KHC:21731 WP No. 12413 of 2026
CHIKKABALLAPURA, TO FORTHWITH CONSIDER AND PASS APPROPRIATE ORDERS ON I.A.NO. 12 FILED BY THE PETITIONER UNDER ORDER VII RULE 11(A) AND (D) READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE IN O.S.NO. 73/2023 WHICH IS PENDING ADJUDICATION WITHIN A TIME-BOUND PERIOD 30 DAYS, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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.8 has sought the following reliefs:
“a) Direct the Hon'ble Principal Civil Judge and JMFC, Chikkaballapura, to forthwith consider and pass appropriate orders on I.A. No. 12 filed by the Petitioner under Order VII Rule 11(a) and (d) read with Section 151 of the Code of Civil Procedure in O.S. No. 73/2023, which is pending adjudication, within a time-bound period 30 days, in the interest of justice and equity. A copy of the said application is produced herewith as Annexure - D. b) Pass such other orders as this Hon'ble Court deems fit to grant in the circumstances of the case.”
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HC-KAR NC: 2026:KHC:21731 WP No. 12413 of 2026
2. For the sake of convenience, the parties are referred to as per their ranking before the Principal Civil Judge and JMFC, Chikkaballapura (hereinafter referred to as ‘Trial Court’ for short) in Original Suit.
3. The plaintiff (respondent No.1 herein) filed a suit in O.S.No.73/2023 before the Trial Court seeking the relief of partition and separate possession. After issuance of suit summons, defendant No.8 appeared and filed I.A.No.12 under Order VII Rule 11 (a & d) read with Section 151 of the CPC for rejection of the plaint on 11.06.2025. So far, no order has been passed on the said I.A. by the Trial Court. Therefore, the present writ petition is filed seeking early disposal of the said application.
4.
Learned counsel for the petitioner submits that defendant No.8 is a bona fide purchaser of the suit schedule property. He has filed I.A.No.12 under Order VII Rule 11 (a & d) read with Section 151 of the CPC on
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HC-KAR NC: 2026:KHC:21731 WP No. 12413 of 2026
11.06.2025. Even after passing of more than one year, no
order has been passed on the said application. The Trial Court, for one reason or another, has adjourned the matter without assigning any reasons. Therefore, he seeks early disposal of the said application.
5. 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.
6. Accordingly, the following order is passed:
ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the application in accordance with law and as expeditiously as possible, not later than three
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HC-KAR NC: 2026:KHC:21731 WP No. 12413 of 2026
months from the date of receipt of a 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.: 50