Citation : 2026 Latest Caselaw 1169 Kant
Judgement Date : 12 February, 2026
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HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 4074 OF 2026 (GM-CPC)
BETWEEN:
1. SMT. LAKSHMI BAI,
W/O LATE SHANKARA RAO.
SINCE DECEASED BY HER L.RS.
(a) SMT. ANASUYA BAI.
D/O LATE SHANKARA RAO.
AGED ABOUT 40 YEARS,
(b) SRI SRINIVASA RAO
S/O LATE SHANKARA RAO.
AGED ABOUT 38 YEARS,
(c) MISS PADMAVATHI BAI
D/O LATE SHANKARA RAO.
Digitally signed
by B LAVANYA AGED ABOUT 35 YEARS,
Location: HIGH
COURT OF
KARNATAKA
ALL ARE RESIDING AT:C/O SHIVALINGAIAH,
#1198/A-3/1-1, 'GANESHA NILAYA',
OPP. GOVT. SCHOOL, 17TH MAIN,
SRINAGAR, BENGALURU,
BENGALURU - 560 050.
...PETITIONERS
(BY SRI. HIREMATH C. S., ADVOCATE)
AND:
1. SMT. PUTTAMMA @ PUTTI BAI
@ SARASWATHI BAI,
D/O LATE RAYOJI RAO,
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W/O MALLOJI RAO,
AGED ABOUT 58 YEARS,
RESIDING AT KUNCHIGARAPALYA VILLAGE,
SATHANUR POST AND HOBLI,
KANAKAPURA TALUK
2. SMT. SUSHEELA BAI.
W/O LATE VITTOBA RAO,
AGED ABOUT 50 YEARS,
RESIDING AT #18, 6TH MAIN ROAD,
SRIKANTESHWARA NAGAR,
MAHALAKSHMI LAYOUT,
BENGALURU-560 086.
3. SRI GOPALA RAO.
S/O LATE RAYOJI RAO.
AGED ABOUT 55 YEARS,
RESIDING AT JAKKASANDRA VILLAGE,
MARALAWADI HOBLI,
KANAKAPURA TALUK,
4. SMT. SARASWATHI BAI.
D/O LATE KHANDOJI RAO,
W/O LATE DASHARATHA RAO,
SINCE DEAD REP. BY HER L.RS.
4(a) SMT. KASTHURI BAI.
D/O LATE DASHARATHA RAO
AND SARASWATHI BAI,
AGED ABOUT 68 YEARS,
RESIDING AT #204, II FLOOR,
VISHWAS ENCLAVES, 3RD MAIN,
COFFEE BOARD LAYOUT,
HEBBALA, KEMPAPURA,
BENGALURU-560 024.
4(b) SRI. MAHADEVA RAO.
S/O LATE DASHARATHA RAO
& SARASWATHI BAI,
AGED ABOUT 65 YEARS,
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RESIDING AT ROAD JAKKASANDRA VILLAGE,
MARALAWADI HOBLI,
KANAKAPURA TALUK.
4(c) SRI. ESHWARA RAO,
SRI. MAHADEVA RAO.
S/O LATE DASHARATHA RAO
AND SARASWATHI BAI,
AGED ABOUT 63 YEARS,
RESIDING AT #77, 'HEMADRI NILAYA',
GANAPATHI LAYOUT, DOMMARAHALLI,
LAKSHMIPURA POST, BENGALURU - 562 162.
5. SRI L SHIVAJI RAO
S/O LATE THULASI BAI.
AGED ABOUT 55 YEARS,
RESIDING AT #553, 3RD FLOOR, C.S. BLOCK,
KENDRIYA VIHAR, YALAHANKA,
BENGALURU - 560 064.
6. SRI. L. NARAYANA RAO
S/O LATE THULASI BAI,
AGED ABOUT 51 YEARS,
RESIDING AT #553, 3RD FLOOR,
C.S. BLOCK, KENDRIYA VIHAR,
YALAHANKA,
BENGALURU-560 064.
7. SMT. KRISHNA BAI.
D/O LATE HAYAVATH RAO.
W/O KALOJI RAO.
SINCE DEAD REP. BY HER L.RS.
7(a) SMT. MANJULA BAI.
W/O LATE VITTAL RAO.
AGED ABOUT 52 YEARS,
7(b) SRI MAHADEVA RAO
S/O LATE VITTAL RAO.
AGED ABOUT 30 YEARS,
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7(c) SMT. KAMALA BAI
W/O LATE BABU RAO
AGED ABOUT 48 YEARS,
7(d) SRI CHANDU RAO
S/O LATE BABU RAO
AGED ABOUT 26 YEARS,
7(e) SRI MAHADEVA RAO
S/O LATE BABU RAO
AGED ABOUT 24 YEARS,
7(f) SRI NAGENDRA RAO
S/O LATE KRISHNA BAI AND KALOJI RAO
AGED ABOUT 45 YEARS,
7(g) SRI RAVI RAO
S/O LATE KRISHNA BAI AND KALOJI RAO
AGED ABOUT 43 YEARS,
ALL ARE RESIDING AT
CHOWDIKATTE VILLAGE,
BANNENAHALLI POST,
KASABA HOBLI, HUNSURU TALUK,
MYSURU DISTRICT. - 571 189.
8. SRI. VENKOBA RAO,
S/O LATE BHAVANI BAI,
AGED ABOUT 46 YEARS,
RESIDING AT DAR POLICE QUARTERS,
BANNUR ROAD, MANDYA.
9. SMT LALITHA BAI
D/O LATE HAYAVATH RAO
AGED ABOUT 55 YEARS
RESIDING AT KUPPAHALLI VILLAGE,
SALIGRAMA POST, K. R. NAGAR TALUK,
MANDYA DISTRICT.
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18. SMT. RAJA BAI.
W/O LATE SUDHAMA RAO,
AGED ABOUT 65 YEARS,
RESIDING AT NO #350, GAVIPURAM,
CHANDRASHEKHAR AZAD ROAD,
HANUMANTHANAGAR POST,
BENGALURU - 560 019.
11. SMT. SHAMA RAO,
S/O KHNADOJI RAO,
AGED ABOUT 58 YEARS,
RESIDING AT JAKKASANDRA VILLAGE,
MARALAWADI HOBLI,
KANAKAPURA TALUK - 562 112.
12 SRI. GANESHA RAO.
SINCE DEAD REP. BY HIS L.RS.
12(a)
SMT. RADHA BAI.
W/O LATE GANESH RAO.
AGED ABOUT 55 YEARS,
12(b). SRI. PANDU RAO,
S/O LATE GANESH RAO,
AGED ABOUT 35 YEARS,
12(c). SRI. SANTHOSH RAO,
S/O LATE GANESH RAO,
AGED ABOUT 32 YEARS,
ALL ARE RESIDING AT #10, 1ST MAIN ROAD,
7TH CROSS, LAKSHMIDEVAMMA BLOCK,
GANGA NAGAR EXTENSION, R.T. NAGAR POST,
BENGALURU - 560 032.
13. SRI. MAHADEVA RAO KALE
S/O LATE KALASOJI RAO.
AGED ABOUT 61 YEARS,
RESIDING AT #402, 28TH BLOCK,
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CPWD QUARTERS, HSR LAYOUT,
AGARA POST, BENGALURU-560 047.
14. SRI. MAHADEVA RAO KALE
S/O LATE KALASOJI RAO,
AGED ABOUT 58 YEARS,
15. SMT. RATHNA BAI
W/O LATE VITTAL RAO KALE.
AGED ABOUT 70 YEARS,
16. SRI. ASHWATH KUMAR. V.
S/O LATE VITTAL RAO KALE,
AGED ABOUT 52 YEARS,
17. SRI. SHIVAJI RAO.
S/O LATE VITTAL RAO KALE,
AGED ABOUT 44 YEARS,
R.14 TO R.17 ARE RESIDING AT
JAKKASANDRA VILLAGE, MARALAWADI HOBLI,
KANAKAPURA TALUK - 562 112.
18. SRI. NARAYANA RAO.
S/O LATE MALLOJI RAO,
AGED ABOUT 68 YEARS,
RESIDING AT #9/1, 1ST MAIN ROAD,
GUNDA MUNESHWARA TEMPLE ROAD,
MATHADAHALLI, BENGALURU 560 032.
19. SRI. RAMA RAO.
S/O LATE MALLOJI RAO,
AGED ABOUT 65 YEARS,
RESIDING AT #9, 1ST MAIN ROAD,
GUNDA MUNESHWARA TEMPLE ROAD,
MATHADAHALLI, BENGALURU - 560 032.
20. SRI. THUKARAM RAO
S/O LATE MALLOJI RAO.
AGED ABOUT 57 YEARS,
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RESIDING AT #7, 1ST MAIN ROAD,
GUNDA MUNESHWARA TEMPLE ROAD,
MATHADAHALLI, BENGALURU - 560 032.
21. SMT. KAMALA BAI.
S/O LATE HANUMANTHA RAO,
AGED ABOUT 70 YEARS,
RESIDING AT #1150, 5TH CROSS,
PRAKASH NAGAR, 13TH CROSS,
OPP. RAJARAJESHWARI KALYANA MANTAPA,
RAJAJINAGAR, BENGALURU - 560 021.
22. SRI. DAULATH RAO
S/O LATE KHANDOJI RAO,
AGED ABOUT 59 YEARS,
RESIDING AT #152, 4TH CROSS,
8TH MAIN, 1ST PHASE, 2ND STAGE,
GOKUL, MATTIKERE,
BENGALURU - 560 054.
23. SMT. MANJULA BAI
S/O LATE SHIVAJI RAO BYSE,
AGED ABOUT 40 YEARS,
RESIDING AT JAKKASANDRA VILLAGE,
MARALAWADI VILLAGE,
KANAKAPAURA TALUK - 562 112.
24. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTIRAL AREA DEVELOPMENT
BOARD,
#14/3, 2ND FLOOR, R.P. BUILDING,
NRUPATUNGA ROAD,
BENGALURU - 560 001.
...RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUION OF INDIA PRAYING TO CALL FOR THE ENTIRE
RECORDS IN O.S.NO.1/2016 PENDING ON THE FILE OF
HONBLE SENIOR CIVIL JUDGE AND JMFC KANAKAPURA. AND
ETC.
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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
This petition is filed seeking the following reliefs:
a) Call for the entire records in O.S.No.1/2016 pending on the file of Hon'ble Senior Civil Judge & JMFC, Kanakapura.
b) Issue directions to the Hon'ble trial court to dispose of the case within 6 months in O.S.No.1/2016, vide at Annexure - B, pending on the file of Hon'ble Senior Civil Judge & JMFC, Kanakapura.
c) Pass any other order, directions or relief which this Hon'ble Court deems fit to grant in the circumstances of the petitioners' case in the interest of justice and equity.
2. Petitioners/Defendant No.8 who is represented
by her legal representatives are before this Court seeking
a direction to the learned Senior Civil Judge and JMFC,
Kanakapura, in OS.No.1/2016 to dispose of the matter
within 6 months.
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HC-KAR
3. I do not find any need or necessity to issue
notice to the other defendants and plaintiffs who are
respondents in this petition, as the innocuous prayer made
is only for the expeditious disposal of the suit within six
months.
4. The suit was filed in the year 2016, more
specifically on 02.01.2016, seeking for the relief of
declaration and for other consequential reliefs. It is
submitted by learned counsel for the petitioner/defendant
No.8 who is represented by her legal representatives that
the suit has still not reached the stage of recording
evidence and even the issues have not been framed.
5. Under the circumstances, granting the relief
sought by the petitioner to dispose of the matter within 6
months may not be feasible, and it may not be practically
possible. Nevertheless, since the suit is of the year 2016
and we are in the year 2026, more than 10 years have
lapsed, and nothing has proceeded in the original suit
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except for the issuance of notice. It is appalling to see that
a suit of 10 years old is still at the preliminary stage of
issuance of notice; pleadings are yet to be completed.
Under the circumstances, this Court deems it appropriate
to pass the following order.
ORDER
The petition is partly allowed.
2. A writ of mandamus is issued directing
the learned Senior Civil Judge and JMFC, Kanakpura
in OS No.1/2016, to dispose of the suit expeditiously.
3. The trial Court is at liberty to impose
exemplary costs on the parties seeking unnecessary
adjournments, including the petitioners.
4. Ordered accordingly.
SD/-
(PRADEEP SINGH YERUR) JUDGE RCK,List No.: 1 Sl No.: 31
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