Smt Mahalaxmi v. Sri Achiyanda Ramakrishna

NC:(2026:KHC:14262( WP(No.(5766(of(2026( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(10 (DAY(OF(MARCH,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(5766(OF(2026((GM-CPC)( ( BETWEEN:((

(

1., SMT,MAHALAXMI, W/O,NARAYANA,ANGINTHAYA,THOTA, AGED,ABOUT,71,YEARS, R/,AT,NO.51/A,,4TH,CROSS, LAKE,ROAD,,KOTHNUR,DINNE,MAIN,ROAD, GAYATRI,TAPOVANA,,JP,NAGAR, 8TH,PHASE,,BANGALORE,SOUTH, BANGALORE,-560076., ,

2., SMT,ARCHANA,THOTA, W/O,KIRAN,KUDUMBAR, AGED,ABOUT,39,YEARS, R/,AT,NO.51/A,,4TH,CROSS, LAKE,ROAD,,KOTHNUR,DINNE,MAIN,ROAD, Digitallytisignedtiby GAYATRI,TAPOVANA,,JP,NAGAR, DHANALAKSHMI TH 8 ,,PHASE,,BANGALORE,SOUTH,MURTHY BANGALORE,-560076.,Location:0H IGH COURTOF , KARNATAKA , BOTH,ARE,REP.,BY,SPA,,AND,GPA,HOLDER, NARAYANA,ANGINTHAYA,THOTA, S/O,LATE,P,KESHAVA,ANGINTHAYA, AGED,ABOUT,74,YEARS, R/,AT,NO.51/A,,4TH,CROSS,,LAKE,ROAD, KOTHNUR,DINNE,MAIN,ROAD, GAYATRI,TAPOVANA,,J,P,NAGAR, 8TH,PHASE,,BANGALORE,SOUTH, BANGALORE,-560076., …PETITIONERS, (BY,SRI.,R.S.UMESH.,,ADVOCATE), NC:(2026:KHC:14262( WP(No.(5766(of(2026( ( , ,,HC-KAR( ( ( ( AND:( , SRI,ACHIYANDA,RAMAKRISHNA, S/O,LATE,SUBBAMAIAH,, SINCE,DEAD.,REP,BY,HIS,LR'S, ,

1., SMT.,REVATHI,A,R, W/O,LATE,ACHIYANDA,RAMAKRISHNA, AGED,ABOUT,79,YEARS, ,

2., SRI,ACHIYANDA,CHANDRASHEKAR, S/O,LATE,ACHIYANDA, RAMAKRISHNA, AGED,ABOUT,60,YEARS, ,

3., SRI,ACHIYANDA,VENUGOPAL, S/O,LATE,ACHIYANDA,RAMAKRISHNA, AGED,ABOUT,58,YEARS., ,

4., SRI,ACHIYANDA,UMESH, S/O,LATE,ACHIYANDA,RAMAKRISHNA, AGED,ABOUT,,56,YEARS, ALL,ARE,R/AT,HALLIGATTU,VILLAGE,POST, VIRAJPET,TALUK,,SOUTH,KODAGU,-,571216., …RESPONDENTS, , , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE, A, WRIT, OF, CERTIORARI, QUASHING, THE, ORDER, DATED:,

19.12.2025,PASSED,ON,IA,NO.,XII,IN,OS,NO.,99/2017,,BY,THE, SENIOR,CIVIL,JUDGE, AND,JMFC, VIRAJPET,I.E.,, ANNEXURE-A, 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

¶1In this writ petition, the petitioners-defendants have sought the following reliefs: a) Issue a writ of certiorari quashing the order dated

19.12.2025 passed on I.A. No. XII in O.S. No. 99/2017 by the Senior Civil Judge & JMFC, Virajpet i.e., Annexure A.

b) Allow I.A. No. XII filed under Order IX Rule 8 read with Section 151 CPC Annexure-B and consequently dismiss the suit of the Respondents in OS No.99/2017 i.e., Annexure-D.

c) Direct the trial court to dispose of suit in OS No.99/2017 within 3 months considering the age of the Petitioners as they are senior citizens.

d) Grant such other reliefs as this Hon'ble Court deems fit in the interest of justice and equity.

¶2The learned counsel for the petitioners submits that he will not press prayers (a) and (b) of the writ petition and only seeks direction to the Trial Court to dispose of the suit, as expeditiously as possible. The said submission is placed on record.

¶3For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit.

¶4The plaintiffs filed a suit in O.S.No.99/2017 before the Senior Civil Judge and JMFC, Virajpet, seeking relief of declaration. After issuance of suit summons, the defendants appeared and filed counter claim. On the basis of the pleadings of the parties, the Trial Court has framed issues. Now the matter is set down for evidence. The suit is of the year 2017. Hence, the present writ petition is filed seeking for a direction to the Trial Court to dispose of the suit as expeditiously as possible.

¶5The learned counsel for the petitioners submits that the plaintiffs are dragging the matter on one pretext or the other. The suit is of the year 2017 and the matter is set down for recording the evidence of the parties.

¶6In that view of the matter and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition.

¶7Accordingly, the writ petition is disposed of.

¶8The Trial Court is directed to dispose of the suit as expeditiously as possible, not later than six months from the date of receipt of certified copy of this order, provided there is no order of stay of the said proceedings granted by any Court of law.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

DM LIST NO.: 1 SL NO.: 16