[Cites 2, Cited by 0]
Karnataka High Court
Sri. Indushekar vs Sri. N. C. Ramakrishna on 8 April, 2026
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2026:KHC:19323
WP No. 11084 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 11084 OF 2026 (GM-CPC)
BETWEEN:
1. SRI. INDUSHEKAR
S/O LATE SMT. INDRAMMA
AGED ABOUT 60 YEARS
R/AT NO.1851/7, 2ND FLOOR
7TH MAIN ROAD, SHANBHOGANAHALLI ROAD
B.G. ROAD, BENGALURU-560083.
2. SRI. P.R. PASHUPATHI
S/O LATE SMT. INDRAMMA
AGED ABOUT 55 YEARS
R/AT NO.3, 4TH FLOOR
5TH 'A' CROSS, S.R. NAGAR
BENGALURU 560 027.
...PETITIONERS
(BY SRI. N KUMAR., ADVOCATE)
Digitally signed by AND:
DHANALAKSHMI 1. SRI. N. C. RAMAKRISHNA
MURTHY
Location: HIGH
S/O LATE CHIKKA BYATAPPA
COURTOF AGED ABOUT 80 YEARS
KARNATAKA R/AT NO.18 TO 22, 2ND FLOOR
CUBBONPET MAIN ROAD, CUBBONPET
BANGALORE - 560 002.
2. SMT. SUBBALAKSHMI N.B
D/O LATE N.C. BYATAPPA
AGED ABOUT 58 YEARS
R/AT NO.292, KAMANNAGUDI CROSS
KALYAGATE, MAGADI TOWN
RAMANAGARA DISTRICT-562120.
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WP No. 11084 of 2026
HC-KAR
3. SMT. GAYATHRI N.B.
D/O LATE N.C. BYATAPPA
AGED ABOUT 54 YEARS
R/AT NO.1925, DEVANGA STREET
NELAMANGALA TOWN
BANGALORE DISTRICT- 562123.
4. SMT. PRABHAVATHI N.B.
D/O LATE N.C. BYATAPPA
AGED ABOUT 46 YEARS
NO.47, 1ST 'A' MAIN, SHIVANAGAR
WEST OF CHORD ROAD, RAJAJINAGAR
BANGALORE-560010.
5. SRI. N.L. PRABHAKAR
S/O.SRI.N.C.LAKSHMINARASIMHAIAH
AGED ABOUT 58 YEARS
R/AT NO.630, 'E' 2ND MAIN ROAD
2ND STAGE, RPC LAYOUT
VIJAYANAGAR, BANGALORE-560 040.
6. SRI.N.C.LAKSHMINARAYANA
S/O.LATE SRI.CHIKKA BYATAPPA
UNSOUND PERSON
NOT KNOWN SINCE FROM 15 YEARS
7. SRI. N.C. LAKSHMINARASIMHAIAH
S/O LATE SRI.CHIKKA BYATAPPA
AGED ABOUT 83 YEARS
R/AT NO.630, 'E' 2ND MAIN ROAD
2ND STAGE, RPC LAYOUT, VIJAYANAGAR
BANGALORE - 560 040.
8. SRI. N.L. SUDHAKAR
S/O.SRI.N.C.LAKSHMINARASIMHAIAH
AGED ABOUT 50 YEARS
R/AT NO.630, 'E' 2ND MAIN ROAD
2ND STAGE, RPC LAYOUT
VIJAYANAGAR, BANGALORE - 560 040.
...RESPONDENTS
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NC: 2026:KHC:19323
WP No. 11084 of 2026
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, DIRECTING THE HON'BLE XXII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU TO DISPOSE OF
THE FINAL DECREE PROCEEDINGS IN FDP NO.105/2017 (IN
O.S.NO.3842/1999) WITHIN A PERIOD OF SIX (6) MONTHS
FROM THE DATE OF RECEIPT OF THE ORDER OF THIS HON'BLE
COURT, AFTER FIRST DECIDING I.A.NO.4 FILED BY THE
PETITIONERS HEREIN FOR IMPLEADMENT VIDE ANNEXURE-C
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 petitioners have sought for
the following reliefs:
a) Issue a Writ of Mandamus or any other
appropriate writ, order or direction,
directing the Hon'ble XXII Additional City
Civil and Sessions Judge, Bengaluru to
dispose of the Final Decree Proceedings in
FDP No.105/2017 (in O.S.No.3842/1999)
within a period of six (6) months from the
date of receipt of the order of this Hon'ble
Court, after first deciding I.A. No.4 filed
the Petitioners herein for impleadment,
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HC-KAR
(Annexure-c) in the interest of justice and
equity.
b) b) Issue such other orders and directions
as this Hon'ble Court deems fit and proper
in the facts and circumstances of the case,
in the interest of justice and equity.
2. Learned counsel for the petitioners submits that in
the partition suit in O.S. No.3842/1999, a preliminary
decree came to be passed on 12.08.2004. Thereafter, final
decree proceedings were initiated in FDP No.105/2017. It
is contended that despite the lapse of about eight years,
the said proceedings have not been concluded. Hence, a
direction is sought for expeditious disposal of FDP
No.105/2017.
3. Having regard to the facts and circumstances of the
case, and without expressing any opinion on the merits,
this Court deems it appropriate to dispose of the writ
petition with a direction to the Trial Court to expedite the
disposal of FDP No.105/2017.
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4. Accordingly, the following order is passed:
ORDER
a) The writ petition is disposed of.
b) The Trial Court is directed to dispose of FDP
No.105/2017, pending on the file of the XXII
Additional City Civil and Sessions Judge,
Bengaluru, in accordance with law, within a
period of ten (10) 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 matter, provided if there is no
order of stay of the said proceedings before any
other Court of law.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
DM
LIST NO.: 1 SL NO.: 37
