Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10977 WP No. 35446 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 35446 OF 2025 (GM-CPC) BETWEEN:
1.
SRI. CHIKKAKEMPAIAH, S/O LATE CHIKKANNA @ KEMPPAIAH, AGED ABOUT 78 YEARS, R/AT KITTAGANAHALLI VILLAGE, GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRCIT-572118.
REP. BY HIS SPA HOLDER, SRI. SOMASHEKAR K.C., S/O CHIKKAKEMPAIAH, AGED ABOUT 38 YEARS, R/AT KITTAGANAHALLI VILLAGE, GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRCIT-572118. …PETITIONER (BY SMT. T. SUMA, ADVOCATE FOR SRI RAVIKUMARA B. R., ADVOCATE) AND:
1.
SRI. GURULINGAIAH, S/O LATE SIDDAPPA, AGED ABOUT 50 YEARS, R/AT ALLUULLAIAH BUILDING, BEHIND COLLEGE, HOSKOTE, BANGALORE DISTRICT - 562114.
2.
SRI. CHIKKASWAMAIAH @ KEMPAIAH, S/O LATE CHIKKANNA, AGED ABOUT 74 YEARS,
Digitally signed by VINUTHA B S Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:10977 WP No. 35446 of 2025
3.
SMT. JYOTHI, D/O CIKKASWAMAIAH @ KEMPAIAH, AGED ABOUT 36 YEARS,
4.
SMT. NETHRAVATHI, D/O CIKKASWAMAIAH @ KEMPAIAH, AGED ABOUT 24 YEARS,
5. SRI.SIDDARAJU, S/O CIKKASWAMAIAH @ KEMPAIAH, AGED ABOUT 33 YEARS,
RESPONDENT Nos.2 TO 5 ARE R/AT K.PALASANDRA, GULUR HOBLI, TUMKUR TALUK, TUMAKURU DISTRICT 572118. …RESPONDENTS (NOTICE TO RESPONDENTS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRAIL COURT I.e., HONORABLE II ADDL. CIVIL JUDGE AND JMFC AT TUMAKURU TO DISPOSE/ PASS FINAL
ORDER/ JUDGEMENT IN OS No.531/2013 ON MERITS WITHOUT MAKING FURTHER DELAY. AS PER ANNX-A AND B
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE K. V. ARAVIND
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HC-KAR NC: 2026:KHC:10977 WP No. 35446 of 2025
ORAL ORDER
Heard Smt. T. Suma,
learned counsel for Sri B.R. Ravikumara, learned counsel for the petitioner.
2. The petitioner is plaintiff in O.S.No.531/2013 pending on the file of the II Additional Civil Judge and JMFC, Tumakuru, seeking issuance of a mandamus directing the Trial Court to expedite disposal of the above suit.
3.
Learned counsel for the petitioner submits that the suit is of the year 2013 filed for declaration and permanent injunction. It is contended that even after a lapse of 13 years, the matter is still at the stage of plaintiff’s evidence. Learned counsel further submits that there has been unnecessary delay in the progress of the suit.
4. In the light of limited prayer made in the writ petition, notice to the respondents is dispensed with.
5. Though this Court is reluctant in directing the Trial Court for time bound disposal of the suit, having regard to the fact that the suit is pending for more than 13 years, the Trial Court
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HC-KAR NC: 2026:KHC:10977 WP No. 35446 of 2025
is requested to expedite the conclusion of the proceedings at the earliest. Accordingly, the writ petition is disposed of.
Sd/- (K. V. ARAVIND) JUDGE
MV List No.: 1 Sl No.: 14