Sri. Chikkakempaiah v. Sri. Gurulingaiah

Karnataka HC21 Feb 2026WP/35446/2025

Case brief

AI extract

What is this about?

Expedition of civil trial; delay in disposal of suit; O.S. No.531/2013, II Additional Civil Judge and JMFC, Tumakuru; mandamus under Articles 226 and 227 of the Constitution of India; suit of 2013 for declaration and permanent injunction; 13-year pendency; stage of plaintiff's evidence; notice to respondents dispensed with; writ petition disposed of; High Court of Karnataka; K. V. Aravind, J.; 2026.

What did the court decide?

Request to the Trial Court to expedite the conclusion of proceedings in O.S. No.531/2013 at the earliest; writ petition disposed of. ¶¶42

Sri. Chikkakempaiah Vs Sri. Gurulingaiah — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:10977 WP No. 35446 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE K. V. ARAVIND

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WRIT PETITION No. 35446 OF 2025 (GM-CPC)

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BETWEEN:

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SRI. CHIKKAKEMPAIAH, S/O LATE CHIKKANNA @ KEMPPAIAH, AGED ABOUT 78 YEARS, R/AT KITTAGANAHALLI VILLAGE, GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRCIT-572118. REP. BY HIS SPA HOLDER, SRI. SOMASHEKAR K.C., S/O CHIKKAKEMPAIAH, AGED ABOUT 38 YEARS, R/AT KITTAGANAHALLI VILLAGE, GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRCIT-572118.

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…PETITIONER

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Digitally signed by VINUTHA B S Location: High Court of Karnataka

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(BY SMT. T. SUMA, ADVOCATE FOR SRI RAVIKUMARA B. R., ADVOCATE)

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AND:

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SRI. GURULINGAIAH, S/O LATE SIDDAPPA, AGED ABOUT 50 YEARS, R/AT ALLUULLAIAH BUILDING, BEHIND COLLEGE, HOSKOTE, BANGALORE DISTRICT - 562114.

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SRI. CHIKKASWAMAIAH @ KEMPAIAH, S/O LATE CHIKKANNA, AGED ABOUT 74 YEARS,

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2 - NC: 2026:KHC:10977 WP No. 35446 of 2025

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HC-KAR

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SMT. JYOTHI, D/O CIKKASWAMAIAH @ KEMPAIAH, AGED ABOUT 36 YEARS,

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SMT. NETHRAVATHI, D/O CIKKASWAMAIAH @ KEMPAIAH, AGED ABOUT 24 YEARS,

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SRI.SIDDARAJU, S/O CIKKASWAMAIAH @ KEMPAIAH, AGED ABOUT 33 YEARS,

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RESPONDENT Nos.2 TO 5 ARE R/AT K.PALASANDRA, GULUR HOBLI, TUMKUR TALUK, TUMAKURU DISTRICT 572118.

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…RESPONDENTS

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(NOTICE TO RESPONDENTS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRAIL COURT I.e., HONORABLE II ADDL. CIVIL JUDGE AND JMFC AT TUMAKURU TO DISPOSE/ PASS FINAL ORDER/ JUDGEMENT IN OS No.531/2013 ON MERITS WITHOUT MAKING FURTHER DELAY. AS PER ANNX-A AND B

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

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CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

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NC: 2026:KHC:10977 WP No. 35446 of 2025

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HC-KAR

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ORAL ORDER

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Heard Smt. T. Suma, learned counsel for

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Sri B.R. Ravikumara, learned counsel for the petitioner.

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The petitioner is plaintiff in O.S.No.531/2013 pending on the file of the II Additional Civil Judge and JMFC, Tumakuru, seeking issuance of a mandamus directing the Trial Court to expedite disposal of the above suit.

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Learned counsel for the petitioner submits that the suit is of the year 2013 filed for declaration and permanent injunction. It is contended that even after a lapse of 13 years, the matter is still at the stage of plaintiff’s evidence. Learned counsel further submits that there has been unnecessary delay in the progress of the suit.

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