- 1 - HC-KAR NC: 2026:KHC:16967 WP No. 9272 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9272 OF 2026 (GM-CPC) BETWEEN: 1. SMT THIMMAMMA W/O LATE MUNIKALAIAH AGED ABOUT 85 YEARS 2. SMT. LALITHAMMA W/O H.N.PRAKASH AGED ABOUT 56 YEARS R/AT NO.20A, 7TH CROSS MATHRU LAYOUT, YELAHANKA UPANAGARA BENGALURU NORTH -560064. …PETITIONERS (BY SRI. K. VIJAYA KUMAR., ADVOCATE) AND: DODDAKALAIAH SINCE DEAD BY HIS LR 1. SHUBHAGANGAMMA W/O LATE DODDAKALAIAH AGED ABOUT 65 YEARS R/AT BORALINGANAPALYA KASSABA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572130. 2. LATHA D/O LATE DODDAKALAIAH W/O SRINIVAS AGED ABOUT 46 YEARS R/AT NO.23/1, 7TH MAIN J.C. NAGAR, MAHALAKSHMIPURA BENGALURU-560086. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16967 WP No. 9272 of 2026 3. YASHODHA D/O. LATE DODDAKALAIAH W/O. CHANDRASHEKAR AGED ABOUT 43 YEARS R/AT SHIVANAGAR BANGALORE-560010. 4. PUSHPA D/O. LATE DODDAKALAIAH W/O. RAMU AGED ABOUT 40 YEARS R/AT NO.23/1, 7TH MAIN J.C. NAGAR, MAHALAKSHMIPURA BENGALURU-560086. BASAVAIAH DEAD BY HIS LRS 5. JAYAMMA W/O LATE BASAVAIAH AGED ABOUT 62 YEARS 6. SHIVARAMA S/O. LATE BASAVAIAH AGED ABOUT 46 YEARS 7. RAMESH S/O. LATE BASAVALAH AGED ABOUT 43 YEARS 8. HEMA D/O. LATE BASAVAIAH W/O. BELLI LOKESH AGED ABOUT 40 YEARS, R5 TO R8 ARE R/AT BELLI SRI LAKSHMI NARASIMHA TEMPLE ROAD 6TH MAIN, SADHASHIVANAGAR TUMKUR-562101. - 3 - HC-KAR NC: 2026:KHC:16967 WP No. 9272 of 2026 LAKSHMANA SINCE DEAD BY HIS LR'S 9. SUSHEELAMMA W/O. LATE LAKSHMANA AGED ABOUT 60 YEARS 10. PREMA D/O. LATE LAKSHMANA AGED ABOUT 38 YEARS 11. SHIVAKUMAR @ KUMARGOWDA S/O. LATE LAKSHMANA AGED ABOUT 34 YEARS 12. MANJUNATHA MUNIYAPPA S/O LATE LAKSHMANA AGED ABOUT 30 YEARS R9 TO R12 ARE R/AT BORALINGANAPALYA KASSABA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572130. CHIKKAKALAMMA SINCE DEAD BY HER LR'S 13. ANUSUYAMMA W/O LATE KRISHNAPPA AGED ABOUT 55 YEARS R/AT HOUSE NO.10, 9TH F MAIN ROAD BYRESHWARANAGAR LAND MARK OF GOVT SCHOOL NAGARABAVI, BENGLAURU-560072. MUNIKALAMMA DIED WITHOUT LRS GANGAMMA SINCE DEAD BY HER LR'S - 4 - HC-KAR NC: 2026:KHC:16967 WP No. 9272 of 2026 14. SHIVAKUMAR S/O. LATE RANGEGOWDA AGED ABOUT 45 YEARS 15. BETTASWAMY S/O LATE RANGEGOWDA AGED ABOUT 42 YEARS 16. VENUGOPAL S/O. LATE RANGEGOWDA AGED ABOUT 40 YEARS 17. RANGASWAMY S/O. LATE RANGEGOWDA AGED ABOUT 38 YEARS 18. GOPALAKRISHNA S/O. LATE RANGEGOWDA AGED ABOUT 35 YEARS 19. RANGALAKSHMAMMA D/O. LATE RANGEGOWDA AGED ABOUT 33 YEARS R14 TO R19 ARE R/AT BOMMADIGERE VILLAGE GUNNAGERE POST, KUNIGAL TALUK-572130. 20. SUNDARAMMA W/O. J.V.SUBBANNA AGED ABOUT 62 YEARS R/AT UDAYA KRUPA, NO.463 1ST FLOOR, 8TH MAIN, 3RD STAGE 'E' CROSS, 4TH BLOCK, BASAVESHWARANAGAR BANGALORE-560079. 21. RANGASWAMY S/O. JAVARAPPA AGED ABOUT 66 YEARS. 22. KRISHNARAJU S/O. LATE MUNIKALAIAH AGED ABOUT 55 YEARS - 5 - HC-KAR NC: 2026:KHC:16967 WP No. 9272 of 2026 23. ISHWARYA D/O. KRISHNARAJ AGED ABOUT 18 YEARS R21 TO 23 ARE R/AT BILIDEVALAYA VILLAGE KASABA HOBLI, KUNIGAL TALUK-562130. 24. B.R.BASAVARAJU S/O. LATE RANGASWAMAIAH AGED ABOUT 54 YEARS R/AT BORALINGANAPALYA KASABA HOBLI, KUNIGAL TALUK-572130. 25. N VENKATALAKSHMAMMA W/O. S.C.NANJAIAH AGED ABOUT 59 YEARS R/O KRS AGRAHARA, KUVEMPUNAGAR OLD HEMAVATHI OFFICE KUNIGAL TOWN, KUNIGAL-572130. 26. MOHANKUMAR S/O. MUDLAGIRAIAH @ VENKATAIAH AGED ABOUT 33 YEARS R/O BILIDEVALAYA VILLAGE KASABA HOBLI, KUNIGAL TALUK-572130. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OFI INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, TO DISPOSE OF MISCELLANEOUS NO.02/2017 (ARISING OUT OF O.S. NO. 149/1988) EXPEDITIOUSLY AND WITHIN A TIME FRAME TO BE FIXED BY THIS HON’BLE COURT, IN ACCORDANCE WITH LAW 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 - 6 - HC-KAR NC: 2026:KHC:16967 WP No. 9272 of 2026 ORAL ORDER 1. In this writ petition, the petitioners-appellants have sought the following reliefs: “a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Principal Senior Civil Judge & JMFC, Kunigal, to dispose of Miscellaneous No.02/2017 (arising out of O.S.No.149/1988) expeditiously and within a time frame to be fixed by this Hon’ble Court, in accordance with law’ b) Grant such other order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. For the sake of convenience, the parties are referred to as per their ranking before the Civil Judge (Senior Judge), Tumakuru (hereinafter referred to as ‘Trial Court’ for short) in O.S.No.149/1988. 3. The learned counsel appearing for the petitioners submits that the petitioners and respondent No.9, who are the plaintiffs, had filed a suit in O.S.No.149/1988 before the Trial Court seeking the relief of partition and separate - 7 - HC-KAR NC: 2026:KHC:16967 WP No. 9272 of 2026 possession. After the appearance of the defendants, the parties settled the matter by filing a compromise petition. On the basis of the said compromise petition, the suit came to be disposed of. The petitioners have challenged the same by filing a miscellaneous petition before the Principal Senior Civil Judge and JMFC, Kunigal (hereinafter referred to as the ‘First Appellate Court’ for short) in Misc.No.2/2017, seeking to set aside the compromise decree passed in O.S.No.149/1988 on the ground that it was obtained by fraud and misrepresentation. So far, the said miscellaneous petition has not been disposed of. Hence, the learned counsel seeks a direction to the First Appellate Court to dispose of the miscellaneous petition. 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 this writ petition with a direction to the First Appellate Court to dispose of the Misc.No.2/2017 as expeditiously as possible. - 8 - HC-KAR NC: 2026:KHC:16967 WP No. 9272 of 2026 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The First Appellate Court is directed to dispose of Misc.No.2/2017, in accordance with law and as expeditiously as possible, not later than the end of the year 2026, provided there is no order of stay of the said proceedings granted by any Court of law. c) Parties are directed to cooperate for early disposal of the miscellaneous petition before the First Appellate Court. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 36