Disposed

Smt Kamalamma @ Kamala v. Sri Ashwathappa

Karnataka HC28 Apr 2026WP/37746/2025

Case brief

AI extract

What is this about?

Petition filed under Articles 226 and 227 of the Constitution seeking direction to the Trial Court to dispose of a partition suit pending for eight years. Court directed the trial court to dispose of the suit expeditiously within ten months.

What did the court decide?

Directed the Trial Court to dispose of the pending partition suit (O.S.No.333/2018) as expeditiously as possible within ten months.

Smt Kamalamma @ Kamala Vs Sri Ashwathappa — Partition | Karnataka HC (2026)

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NC: 2026:KHC:24059 WP No. 37746 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 37746 OF 2025 (GM-CPC)

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BETWEEN:

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SMT. KAMALAMMA @ KAMALA, D/O LATE YELEYAPPA @YELAPPA, W/O MUNIYAPPA, AGED ABOUT 62 YEARS, R/AT NO.163, DODDASHIVARA VILLAGE, KASABA HOBLI, DODDAKADTHURU POST, MALUR TALUK, KOLAR DISTRICT - 563 101.

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…PETITIONER

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(BY SRI. UMESH B.N., ADVOCATE)

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AND:

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Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

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SRI. ASHWATHAPPA, S/O. LATE CHIKKASIDDAPPA, AGED ABOUT 76 YEARS,

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SURESH, S/O ASHWATHAPPA, AGED ABOUT 52 YEARS,

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PRAKASH, S/O ASHWATHAPPA, AGED ABOUT 47 YEARS,

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KUM. JHANUSHRI, D/O SURESH, AGED ABOUT 17 YEARS,

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2 - NC: 2026:KHC:24059 WP No. 37746 of 2025

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HC-KAR

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SINCE MINOR REPRESENTED BY NATURAL GUARDIAN FATHER 3^RD RESPONDENT.

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MANJUNATH, S/O ASHWATHAPPA, AGED ABOUT 45 YEARS,

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RAGHU, S/O ASHWATHAPPA, AGED ABOUT 43 YEARS,

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KUM. CHANDANA, D/O MUNIYAPPA, AGED ABOUT 16 YEARS, SINCE MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER, SMT. RAJAMMA, W/O MUNIYAPPA, AGE ABOUT 45 YEARS,

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G.S.RAMACHANDRAPPA, S/O LATE CHIKKASIDDAPPA, AGED ABOUT 73 YEARS,

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BHEERAMMA, D/O G.S.RAMACHANDRAPPA, AGED ABOUT 44 YEARS,

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SATHISH R, S/O G.S.RAMACHANDRAPPA, AGED ABOUT 41 YEARS,

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LOKESH R, S/O G.S.RAMCHANDRAPPA, AGED ABOUT 40 YEARS,

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NC: 2026:KHC:24059 WP No. 37746 of 2025

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HC-KAR

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LINGAPPA, S/O LATE CHIKKASIDDAPPA, AGED ABOUT 71 YEARS,

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SMT. RUKMINI, D/O LINGAPPA, AGED ABOUT 47 YEARS,

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SMT. LALITHAMMA, D/O LINGAPPA, AGED ABOUT 45 YEARS,

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SMT. SARASWATHI, D/O LINGAPPA, AGED ABOUT 43 YEARS,

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SMT. LAKSHMI, D/O LINGAPPA, AGED ABOUT 42 YEARS,

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SMT.NAGAVENI, D/O LINGAPPA, AGED ABOUT 40 YEARS,

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SMT. CHANDRIKA, D/O LINGAPPA, AGED ABOUT 47 YEARS,

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NARAYANASWAMY, S/O LINGAPPA, AGED ABOUT 36 YEARS,

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SMT. SHILPA, D/O LINGAPPA, AGED ABOUT 33 YEARS,

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4 - NC: 2026:KHC:24059 WP No. 37746 of 2025

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HC-KAR

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SMT. SOWMYA, D/O LINGAPPA, AGED ABOUT 31 YEARS,

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NAGARATHNAMMA, D/O LATE CHIKKASIDDAPPA, AGED ABOUT 67 YEARS, ALL ARE R/ AT GHATTAHALLI VILLAGE, HUSKUR POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 560 035.

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P.RAJESH,

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S/O PURUSHOTHAMA REDDY, AGED ABOUT 53 YEARS, R/AT NO.83, OSBRONEROAD, BENGALURU - 560 042.

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V.T.SHENKARANARAYANA REDDY, S/O V.S.THIMMAREDDY, AGED ABOUT 53 YEARS, R/AT VANGALAHALLI, HSR LAYOUT, BENGALURU - 560 034.

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25. RAMANAJANEYA.M, S/O MUNIYAPPA,

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AGED ABOUT 47 YEARS, R/AT NO.5, "HARIRAMAKRISHNA NILAYA", 1^ST CROSS, NRI LAYOUT, RAMAMURTHY NAGARA, BENGALURU - 560 016.

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S. SUNITHA, W/O H.M.PRAKASH, AGED ABOUT 55 YEARS,

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5 - NC: 2026:KHC:24059 WP No. 37746 of 2025

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HC-KAR

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R/AT HALANAYAKANAHALLI VILLAGE, VARUTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 035.

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M.VENKATESH, S/O LATE PETE MUNIYAPPA, AGED ABOUT 48 YEARS, R/AT GHATTAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 035.

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P.S.MANOJ KUMAR, S/O LATE V.SHENKARAN PILLAI, AGED ABOUT 56 YEARS, R/AT NO.405, DEVAMANASAM SUNRISE VILLAS, BELLANDUR MAIN ROAD, BENGALURU - 560 103.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS/DIRECTION TO TRIAL COURT TO DISPOSE OF THE SUIT IN OS NO.333/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC ANEKAL, BENGALURU RURAL, AT EARLIEST ANNEXURE - A AND ETC.,

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

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NC: 2026:KHC:24059 WP No. 37746 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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In this writ petition, petitioner has sought for the

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following reliefs:

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"a ) issue of writ of mandamus/direction to Trial Court to Dispose off the suit in O.S.No.333/2018 on the file of the Senior Civil Judge and JMFC., Anekal, Bangalore Rural, at earliest - Annexure-A.

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b) Pass such other orders as this Court deems fit to pass in the circumstances of the case and in the interest of justice and equity."

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For the sake of convenience, the parties are

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referred to as per their ranking before the Trial Court in Original Suit.

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The plaintiff filed a suit for partition and separate possession in O.S.No.333/2018 before the Senior Civil Judge and JMFC, Anekal (for short ‘Trial Court’). After service of summons, the defendants have appeared through counsel and filed a written statement. On the basis of the pleadings of the parties, the Trial Court framed issues and the matter is set down for recording the

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7 - NC: 2026:KHC:24059 WP No. 37746 of 2025

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HC-KAR

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evidence of the parties. Since the suit is of the year 2018,

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even after a lapse of eight years, the suit is not disposed of. Hence, learned counsel for the petitioner sought for early disposal of the suit.

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In view of the above, without expressing any opinion on the merits of case, the Trial Court is directed to dispose of the suit, O.S.No.333/2018 as expeditiously as possible, not later than ten months from the date of receipt of a copy of the order.

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Accordingly, the writ petition stands disposed of .

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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PSJ

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List No.: 1 Sl No.: 7

Smt Kamalamma @ Kamala v. Sri Ashwathappa

Case brief

What is this about?

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Smt Kamalamma @ Kamala v. Sri Ashwathappa

Case brief

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