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K.C.G.Real Estate Private Limited v. Lakshman Gowda

Karnataka HC11 Mar 2026WP/4172/2026

Case brief

AI extract

What is this about?

Article 227 writ petition (GM-CPC), Karnataka High Court, 2026, H.T. Narendra Prasad J.; expeditious disposal of civil suit; six-month outer limit from receipt of certified copy; direction subject to no stay by any other court; O.S.No.1156/2017, LXVII Additional City Civil and Session Judge, Bengaluru (CCH-68); suit for specific performance of Agreement of Sale or alternative recovery of money; conclusion of cross-examination of Plaintiff Witness No.1; no opinion on merits; parties to co-operate.

What did the court decide?

Writ petition disposed of with a direction to the Trial Court to dispose of the suit as expeditiously as possible, not later than six months from the date of receipt of certified copy of the order, subject to there being no stay of the proceedings by any other court; parties directed to co-operate for early disposal.

K.C.G.Real Estate Private Limited Vs Lakshman Gowda — Company and Corporate | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Trial Court should be directed to dispose of O.S.No.1156/2017 (including conclusion of the defendants' cross-examination of Plaintiff Witness No.1) within a fixed time frame.

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Court's answer

The Court disposed of the writ petition directing the Trial Court to dispose of O.S.No.1156/2017 as expeditiously as possible, and in any event not later than six months from the date of receipt of certified copy of the order, provided there is no stay of the said proceedings granted by any other court of law.

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Ratio / Principle

The direction was issued having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the suit.

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Key takeaways

The parties were directed to co-operate for early disposal of the suit.ratio¶64

Detailed headnote1 paragraphs

Karnataka High Court (H.T. Narendra Prasad, J.) disposed of W.P. No. 4172 of 2026 (GM-CPC), filed under Article 227 of the Constitution of India, 1950 by the plaintiff in O.S.No.1156/2017 - a 2017 suit for specific performance of an Agreement of Sale or, alternatively, recovery of money, pending before the LXVII Additional City Civil and Session Judge, Bengaluru (CCH-68). The petitioner sought a mandamus requiring the defendants to conclude their cross-examination of Plaintiff Witness No.1 within two weeks and the Trial Court to dispose of the suit within six months. Without expressing any opinion on the merits, the Court directed the Trial Court to dispose of the suit as expeditiously as possible and, in any event, not later than six months from receipt of certified copy of the order, provided the proceedings are not stayed by any other court; the parties were directed to co-operate for early disposal.

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NC: 2026:KHC:14739 WP No. 4172 of 2026

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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 11^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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WRIT PETITION NO. 4172 OF 2026 (GM-CPC)

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BETWEEN:

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K.C.G.REAL ESTATE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND EXISTING UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT 2ND FLOOR, ASSAM UDYOG BUILDING, M.S. ROAD, FANCY BAZAR, GUWAHATI, ASSAM 781 001, REPRESENTED HEREIN BY ITS AUTHORISED SIGNATORY, SRI M.N. MADHAVA MURTHY, AGED ABOUT 65 YEARS, SON OF SRI. M.N. SWAMY.

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…PETITIONER

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Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

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(BY SRI. PRADEEP S SAWKAR, ADVOCATE)

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AND:

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LAKSHMAN GOWDA SON OF LATE SRI. MAYANNA GOWDA AGED ABOUT 85 YEARS,

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(SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES)

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HUCCHAMMA MAJOR W/O LATE SRI. LAKSHMAN GOWDA,

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2 - NC: 2026:KHC:14739 WP No. 4172 of 2026

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HC-KAR

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SHANTAMMA MAJOR

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D/O LATE SRI. LAKSHMAN GOWDA,

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HOBALAMMA MAJOR

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D/O LATE SRI. LAKSHMAN GOWDA,

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JAYALAKSHMI MAJOR

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D/O LATE SRI. LAKSHMAN GOWDA,

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ALL ARE RESIDING AT NO. 42, ‘LAKSHMI VENKATESHWARA NILAYA', BALAJI LAYOUT, AMBLIPURA, SARJAPURA ROAD, OPPOSITE BELLANDUR POLICE STATION, BENGALURU 560 034. (IMPLEADED VIDE ORDER DATED 17.11.2023)

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GOVINDA GOWDA SON OF SRI LAKSHMAN GOWDA AGED ABOUT 44 YEARS,

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M.L. VENKATAGIRI GOWDA SON OF SRI. LAKSHMAN GOWDA, AGED ABOUT 39 YEARS,

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BOTH RESPONDENT NO. 6 & 7 ARE RESIDING AT NO.397E, AMBALIPURA-SARJAPUR ROAD, BELLANDUR, BENGALURU 560 103 ALSO AT NO.10, AMBALIPURA SARJAPUR ROAD, BENGALURU 560 034.

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO CALL FOR

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NC: 2026:KHC:14739 WP No. 4172 of 2026

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HC-KAR

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RECORDS OF O.S.NO.1156/2017 PENDING ON THE FILE OF THE LXVII ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BENGALURU (CCH-68) AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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In this writ petition, the petitioner-plaintiff has sought the following reliefs:

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a) call for records of O.S.No.1156/2017 pending on the file of the LXVII Additional City Civil and Session Judge at Bengaluru (CCH-68);

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b) issue a writ of mandamus or any other appropriate writ, order of direction for Respondents to conclude with their cross-examination of Plaintiff Witness No.1 in O.S.No.1156/2017 pending on the file of the LXVII Additional City Civil and Session Judge at Bengaluru (CCH-68) within a period of two (2) weeks;

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(c) issue a writ of mandamus or any other appropriate writ, order of direction to the LXVII Additional City Civil and Session Judge at Bengaluru (CCH-68) to adjudicate and dispose of the suit within six (6) months, in accordance with law;

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NC: 2026:KHC:14739 WP No. 4172 of 2026

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HC-KAR

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(d) grant costs of this petition; and

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(e) pass such further orders as this Hon'ble Court may deem fit, just and appropriate.

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

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The plaintiff filed a suit in O.S.No1156/2017 before the Trial Court seeking relief of specific performance of Agreement of Sale or in alternative for recovery of money

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and other consequential reliefs. After issuance of suit summons, the defendants appeared and filed written statement. On the basis of the pleadings of the parties, the Trial Court has framed issues and the matter is set down for recording the evidence of the parties. The suit is of the year 2017. Therefore, the present petition is filed seeking for early disposal of the suit.

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5 - NC: 2026:KHC:14739 WP No. 4172 of 2026

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HC-KAR

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Learned counsel appearing for the petitioner submits

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that the suit is of the year 2017. The defendants are dragging the matter on one pretext or the other. Hence, he sought for a direction to the Trial Court to dispose of the suit within a fixed time frame.

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Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the suit as expeditiously as possible.

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6. Accordingly, the following order is passed:

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ORDER

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a) Writ petition is disposed of .

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b) The 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

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NC: 2026:KHC:14739 WP No. 4172 of 2026

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HC-KAR

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stay of the said proceedings granted by any

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other Court of law.

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c) Parties are directed to co-operate for early disposal of the suit.

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