H K Chandrappa Vs Smt Nirmala — Writ and Judicial Review | Karnataka HC (2025)

H K Chandrappa Vs Smt Nirmala — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition allowed; Senior Civil Judge at Malur, Kolar District directed to dispose of O.S.No.627/2022 (old No.597/2022) expeditiously with reasonable opportunities to contesting parties; no fixed three-month time frame; no opinion on merits; pending IAs pale into insignificance.

Issue for consideration

Whether the Senior Civil Judge and JMFC at Malur, Kolar District should be directed to dispose of O.S.No.627/2022, a partition suit, within a time frame of three months as prayed by petitioner/defendant No.7. +1 more

Court's answer

A time frame of three months could not be fixed because the pleadings in the suit were yet to be completed; however, no adverse order was passed against the respondents.

Ratio / Principle

The Court found no need or necessity to await service of notice to the unserved respondents, since the prayer was innocuous and no adverse order was to be passed against them.

Key takeaways

The Senior Civil Judge at Malur, Kolar District was directed to dispose of the proceedings in O.S.No.627/2022 (old No.597/2022) expeditiously, providing reasonable opportunities to the contesting parties.ratio¶52
It was expressly made clear that the Court has not expressed any opinion on the merits of the matter.obiter¶60
Pending interlocutory applications in the petition do not survive for consideration and pale into insignificance.ratio

Detailed headnote1 paragraphs

Writ Petition (GM-CPC) under Article 227 of the Constitution of India: Defendant No.7 in O.S.No.627/2022 (old No.597/2022), a partition suit filed by seven plaintiffs and pending before the Senior Civil Judge & JMFC at Malur, Kolar District, sought a mandamus directing disposal of the suit within three months. The suit stood at the stage of filing of written statement of defendant No.13, with pleadings incomplete. Holding the prayer innocuous, the Court declined to await service of notice on the unserved plaintiffs/respondents and passed no adverse order against them. While refusing to fix the three-month time frame because pleadings were yet to be completed, the Court allowed the petition and directed the trial Court to dispose of O.S.No.627/2022 expeditiously, providing reasonable opportunities to the contesting parties, expressly recording that no opinion was expressed on the merits; pending IAs were held not to survive and to pale into insignificance. Coram: Hon'ble Mr. Justice Pradeep Singh Yerur (oral order dated 03-12-2025).

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 21230 OF 2024 (GM-CPC)

BETWEEN:

H K CHANDRAPPA S/O. LATE ANJINAPPA, AGED ABOUT 50 YEARS, RESIDING AT BHAVANAHALLI VILLAGE AND POST, KASABA HOBLI, MALUR TALUK

…PETITIONER

(BY SRI. GIRI KUMAR S.V., ADVOCATE) AND:

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

SMT NIRMALA D/O. LATE SONNAPPA, AGED NOW ABOUT 54 YEARS, RESIDING AT KOLATHURU VILLAGE AND POST HOSKOTE TALUK, BANGALORE - RURAL DISTRICT -562 114.

SMT. SUNANDAMMA, D/O. LATE SONNAPPA, AGED ABOUT 43 YEARS, RESIDING AT BHAVANAHALLI VILLAGE AND POST, MALUR TALUK, KOLAR DISTRICT - 563 130.

SRI. AYYAPPA, S/O. LATE SONNAPPA,

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AGED ABOUT 39 YEARS, KOLATHURU VILLAGE AND POST HOSKOTE TALUK, BANGALORE - RURAL DISTRICT - 562 114.

SRI. SHANMUGA, S/O. LATE SONNAPPA, AGED ABOUT 38 YEARS, RESIDING AT KOLATHURU VILLAGE AND POST HOSKOTE TALUK, BANGALORE - RURAL DISTRICT - 562 114.

SMT. PADMA M.S., D/O. LATE SONNAPPA, AGED ABOUT 36 YEARS, NO.6, 4^TH CROSS, NEAR YELLAMA TEMPLE, SIDDAPURA, BANGALORE NORTH, PIN - 560 065.

SRI AMBARISH, S/O. LATE SONNAPPA, AGED ABOUT 33 YEARS, RESIDING AT KOLATHURU VILLAGE AND POST HOSKOTE TALUK, BANGALORE - RURAL DISTRICT - 562 114.

SMT.PAPAMMA W/O OF LATE SONAPPA, AGED ABOUT 77 YEARS RESIDING AT BHAVANAHALLI VILLAGE AND POST, MALUR TALUK,

KOLAR DISTRICT- 563 130 …RESPONDENTS

(BY SRI. D.L. SOMESHA, ADVOCATE FOR R3 - ABSENT)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DISPOSE OF THE OS NO. 627/2022 ON THE FILE OF THE SR. CIVIL JUDGE AT MALUR, KOLAR DISTRICT TO DISPOSE OF THE SUIT WITHIN THE TIME FRAME 3 MONTHS IN THE INTEREST AND EQUITY AT ANN-E.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard learned counsel for the petitioner.

Though respondent No.3 is served remained

unrepresented and there is no representation today on behalf of respondent No. 3.

Notice is awaited for respondent Nos.1, 2, 4, 5 and 7.

The petitioner is defendant No.7 before the trial Court in O.S.No.627/2022. This Court does not find need or necessity to await the service of notice to unserved respondents for the reason that the prayer made in this

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petition by the petitioner/defendant No.7 is an innocuous

prayer, which reads as under:-

"a. Issue an order or writ or the writ of mandamus to dispose of the O.S.No.627/2022 on the file of the Senior Civil Judge at Malur, Kolar district to dispose of the suit within the time frame 3 months in the interest of justice and equity at Annexure-E.

b. Issue any such other Order, Orders or Direction which this Hon'ble Court deems fit to grant in the instant case with regard to the facts and circumstances of this case."

3. The petitioner/defendant No.7 seeks for a

direction to the learned Senior Civil Judge and JMFC., at Malur, Kolar District, to dispose of the suit within a time frame of three months. It is contented by the learned counsel for the petitioner that the suit is filed by respondent Nos.1 to 7, who are the plaintiffs before the trial Court for the relief of partition.

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Presently the suit is posted at the stage of filing

of written statement of defendant No.13. It appears that the pleadings are yet to be completed. At this stage, the present petition is filed seeking for an expeditious disposal

of the matter before the trial Court within a time frame of three months. As stated earlier, this Court is not inclined to await service of notice of the respondents/plaintiffs, the reason is that, this Court is inclined to direct the trial Court to dispose of the matter expeditiously. However, no adverse order is passed as against the respondents herein. At the same time, a time frame cannot be fixed for the reason that the pleadings are yet to be completed. Therefore, I pass the following:

ORDER

i) This petition is allowed ;

ii) Senior Civil Judge at Malur, Kolar District, is hereby directed to dispose of the proceedings

in O.S.No.627/2022 (old No.597/2022) expeditiously, of course, by providing

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reasonable opportunities to the contesting

parties.

iii) It is made clear that this Court has not

expressed any opinion on the merits of the

matter;

iv) Ordered accordingly.

v) Pending IAs. do not survive for consideration,

same pale into insignificance.

Sd/(PRADEEP SINGH YERUR) JUDGE

PSJ

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