Sri. Jayadevaiah Hiremath Vs Sri. M. R. Krishna… — Writ and Judicial Review | Karnataka HC (2025)

Sri. Jayadevaiah Hiremath Vs Sri. M. R. Krishna… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to the learned Senior Civil Judge and JMFC, Hosakote, to hear and dispose of O.S.No.20/2024 as expeditiously as possible and at any rate within a period of 1 year from the date of receipt of a copy of the order, if not, before January 2026 as required in law; pending interlocutory applications, if any, stand disposed of.

Issue for consideration

Whether the High Court should direct the learned Senior Civil Judge and JMFC, Hosakote, to hear and dispose of suit O.S.No.20/2024 (filed for specific performance of contract) within a fixed time frame, having regard to the 24-month limit under Section 3(2) of the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005 expiring in January 2026.

Court's answer

The writ petition is disposed of with a direction to the learned Senior Civil Judge and JMFC, Hosakote, to hear and dispose of the suit in O.S.No.20/2024 as expeditiously as possible.

Ratio / Principle

Disposal is to be achieved at any rate within a period of one year from the date of receipt of a copy of the order, and if not, before January 2026 as required in law.

Key takeaways

Having regard to the innocuous nature of the petitioner's prayer, there was no need to issue notice to the respondent.ratio¶2

Detailed headnote1 paragraphs

Karnataka High Court (R Devdas J), Writ Petition No. 30934 of 2025 (GM-CPC) under Articles 226 & 227 of the Constitution: An elderly plaintiff (cause title: aged about 88 years; counsel stated he is aged about 90 years) sought a mandamus for early disposal of his suit O.S.No.20/2024 for specific performance of contract pending before the learned Senior Civil Judge and JMFC, Hosakote, pointing out that under Section 3(2) of the Karnataka (Case Flow Management in Subordinate Courts) Rules of 2005 a specific performance suit must be disposed of within 24 months, a period ending in January 2026. Holding the prayer innocuous, the Court issued no notice to the sole respondent and disposed of the petition, directing the trial court to hear and dispose of the suit as expeditiously as possible and at any rate within a period of 1 year from the date of receipt of a copy of the order, if not, before January 2026 as required in law. Pending interlocutory applications, if any, stand disposed of.

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NC: 2025:KHC:42005 WP No. 30934 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 30934 OF 2025 (GM-CPC)

BETWEEN:

SRI. JAYADEVAIAH HIREMATH S/O LATE CHANDRASHEKHARAIAH HIREMATH AGE ABOUT 88 YEARS R/A NO. 1501, E BLOCK, A.I.S.S. LAYOUT, KUNDALA HALLI, BENGALURU - 560037

…PETITIONER

(BY SRI. VAIBHAV MALIMATH., ADVOCATE)

AND:

Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA

SRI. M. R. KRISHNA REDDY S/O LATE SRI RAMA REDDY AGE ABOUT 69 YEARS R/A MUTTUKADA HALLI GRAMA ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU - 562114

…RESPONDENT

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION FOR THE EARLY DISPOSAL OF THE SUIT IN O.S.NO.20/2024 BEFORE THE HON’BLE SENIOR CIVIL JUDGE AT HOSAKOTE, BY 08.01.2026 AND ETC.

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

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NC: 2025:KHC:42005 WP No. 30934 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

Learned Counsel for the petitioner/plaintiff submits

that the petitioner is before this Court seeking directions to the learned Senior Civil Judge and JMFC., at Hosakote,

to hear and dispose of the suit in O.S.No.20/2024, within

a fixed time frame.

Having regard to the innocuous prayer made by

the petitioner, this Court is of the considered opinion that there is no need to issue notice to the respondent.

Learned Counsel for the petitioner submits that the petitioner has filed the suit for specific performance of contract and the petitioner is aged about 90 years. It is further submitted that in terms of Section 3(2) of the Karnataka (Case Flow Management in Subordinate Courts) Rules of 2005, a specific performance suit is required to be disposed of within 24 months. The 24 months time will come to an end in January 2026. Therefore, the learned

3 - NC: 2025:KHC:42005 WP No. 30934 of 2025

HC-KAR

Counsel prays that appropriate directions may be issued to

the Trial Court to consider and dispose of the suit as expeditiously as possible.

Accordingly, the writ petition stands disposed of

with a direction to the learned Senior Civil Judge and JMFC., at Hosakote, to hear and dispose of the suit in O.S.No.20/2024, as expeditiously as possible and at any rate within a period of 1 year from the date of receipt of a copy of this order, if not, before January 2026 as required in law.

Pending Interlocutory Applications, if any, stand

disposed of.

Sd/-

(R DEVDAS) JUDGE

DL

CT: JL