Smt K S Nirmala v. Smt Narasamma

NC:(2026:KHC:10874( WP(No.(5883(of(2026( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

STDATED(THIS(THE(21 (DAY(OF(FEBRUARY,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(JAYANT(BANERJI( WRIT(PETITION(NO.(5883(OF(2026((GM-CPC)( (

BETWEEN:((

(

1., SMT.K.S.NIRMALA,, ABOUT,57,YEARS,,, W/O.,B.P.MAHESH,,,

R/AT.,NO.810,,14TH,A,MAIN,,, 13TH,CROSS,,A,SECTOR,,, YELAHANKA,NEW,TOWN,,,

YELAHANKA,,BENGALURU-,560,064., ,

2., SRI.YASHASH.B.M,, AGED,ABOUT,32,YEARS,,,

R/AT.,NO.810,,14TH,AMAIN,,, 13TH,CROSS,,A,SECTOR,, YELAHANKA,NEW,TOWN,,, Digitally YELAHANKA,,BENGALURU-,560,064., signedtiby …PETITIONERS, KAVYA0G (BY,SRI.CHINMAY,KURANDWAD.,,ADVOCATE,FOR,, Location: ,,,,,,,SRI.,VACHAN,B.,,ADVOCATE),High0Courttiof ,Karnataka AND:( ( ,1., SMT.NARASAMMA,, AGED,ABOUT,99,YEARS,,, W/O,LATE,KONDAPPA,, SINCE,DEAD,REPRESENTED,BY, , HER,LEGAL,HEIRS,,, RESPONDENT,NOS.2,TO,5,, NC:(2026:KHC:10874( WP(No.(5883(of(2026( ( , ,,HC-KAR( ( (

2., SMT.VENKATALAKSHMAMMA,,, AGED,ABOUT,81,YEARS,,, D/O.,LATE,KONDAPPA,, , , SRI.S.K.ANJINAPPA,, S/O.,LATE,KONDAPPA,,, SINCE,DECEASED,REPRESENTED,, BY,HIS,LEGAL,HEIR, ,

3., SMT.PARVATHAMMA,ANJINAPPA,,, AGED,ABOUT,65,YEARS,,, W/O.,LATE,S.K.ANJINAPPA,,

4., SRI.,S.K.KIRAN,KUMAR,, AGED,ABOUT,56,YEARS,,, S/O.,LATE,KONDAPPA,, ,

5., SRI.,S.K.MANJUNATH,, AGED,ABOUT,53,YEARS,,, S/O.,LATE,KONDAPPA,, , ALL,ARE,R/AT:,, VIDYANAGAR,CROSS,,, BETTAHALSUR,POST,,, BENGALURU,NORTH,TALUK,,, BENGLAURU-562,157., …RESPONDENTS, , THIS,WRIT,PETITION,IS,FILED,UNDER,SECTION,227,OF,THE, CONSTITUTION,OF,INDIA,PRAYING,TO,DIRECT,THE,XII,ADDL.,CITY, CIVIL,AND,SESSIONS,COURT,AT,BENGALURU,TO,DISPOSE,OF,THE, CIVIL, SUIT, IN, OS, NO.1235/2022, VIDE, ANNEXURE-A, AS, EXPEDITIOUSLY,AS,POSSIBLE,BUT,NOT,LATER,THAN,6,MONTH., , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,, THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,JAYANT,BANERJI, ,

ORAL ORDER

Heard the learned counsel for the petitioners.

¶2This petition has been filed seeking the following reliefs: a) Pass an order directing the XII Additional City Civil and Sessions Court at Bengaluru to dispose of the civil suit in O.S.No.1235/2022 vide Annexure-A, as expeditiously as possible as but not later than 6 months.

b) Grant such other relief/s as deemed fit by this Hon'ble Court under the facts and circumstances of the case.

¶3The suit was filed on 17.02.2022 seeking refund of Rs.1,38,00,000/- (Rupees One Crore Thirty Eight Lakhs only) advanced to the defendants as part sale consideration pursuant to an agreement for sale dated 21.06.2017 along with interest. On 15.12.2022, the court noticed that there was an element of settlement between the parties and therefore the parties were asked to be present on the next day of hearing. However, the parties failed to reach a settlement. Thereafter an application under Order VII to 11(d) of the CPC was filed by the

defendants, which came to be dismissed. It was noticed by the Order of 02.08.2023 that the parties had not filed their list of witnesses and documents. Thereafter, the proceedings of the case were stayed by the High Court in a Civil Revision petition No.547/2023. On 05.03.2025, it was reported that the petition filed by the defendants (before the High Court) was dismissed. Additional issues were framed on 13.08.2025. Therefore, this Court finds that the case is being adjourned from time to time. But for most part the reasons for adjournments are reflected in the orders. In this view of the matter, this Court is not inclined to grant the relief as claimed for by the petitioners. However, it is expected that the trial Court would proceed with the matter without granting any unnecessary adjournment to either of the parties.

¶4With the above observations, this petition is disposed of.

¶5The Registry of this Court is directed to communicate this order to the concerned trial Court within 15 days from today.

Sd/- (JAYANT BANERJI) JUDGE

KGR List No.: 1 Sl No.: 18