KARNATAKA v. BANGALORE - 560 058
Case at a glance
Outcome
Allowed
The writ petition is allowed in part
Provisions considered
- Code of Civil Procedure, 1908 s. 151; O. VI r. 17; O. XXII r. 4; O. XXXIX rr. 1, 2
- Constitution of India arts. 226, 227
Judgment
5. SRI YELLANNA S/O SAKAMMA AGED ABOUT 50 YEARS. ALL ARE R/AT NO.155 12TH CROSS BHAYAJYOTHI COLONY BHOVIPALYA MAHALAKSHMIPURA BANGALORE - 560 086. S Location: HIGH COURT OF KARNATAKA …PETITIONERS - 2 - NC: 2025:KHC:43275 WP No. 2122 of 2024 HC-KAR (BY SMT. LAVANYA S, ADV., FOR SRI CHALUVARAJU C.S, ADV., AND SRI PALLAVA R, ADV.) AND:
SRI CHANDRA P S/O LATE PARAMESWARAPPA AGED ABOUT 47 YEARS R/OF AT NO.149, 3RD CROSS 2ND MAIN ROAD, RAJEEVGANDHI NAGARA, NANDINI LAYOUT BANGALORE - 560 096.
M/S RAPID PACK ENGINEERING PVT LTD REP BY ITS DIRECTOR SRI BABU JOSEPH S/O C.T. JOSEPH AGED ABOUT 50 YEARS RESIDENT OF NO.48/4 10TH MAIN ROAD MARUTHI, INDL TOWN KARIOBANAHALLI, PEENYA 2ND STAGE BANGALORE - 560 058.
M/S MILLENIUM INDUSTRIAL ENTERPRISES PROPRIETOR, NO.95, 3RD MAIN, KEONICS LAYOUT KARIOBANAHALLI TIGALARAPALYA MAIN ROAD, PEENYA 2ND STAGE BANGALORE - 560 098. M. GUPTA SINCE DEAD BY HIS LRS
SMT. SEEMA W/O LATE MURALI GUPTA AGED ABOUT 42 YEARS R/AT NO.268, 2ND BLOCK RAJAJINAGARA BANGALORE - 560 010.
J. SELVAKUMAR S/O JAGADEESHA K.M AGED ABOUT 48 YEARS - 3 - NC: 2025:KHC:43275 WP No. 2122 of 2024 HC-KAR R/AT NO.117M 2ND CROSS PREETHINAGARA, LEGGERE PEENYA POST, BANGALORE - 560 058.
A ANANDAN S/O ADHIMULAM AGED ABOUT 47 YEARS R/OF NO.525, 43RD CROSS 4TH STAGE, RAJAJINAGARA BANGALROE - 560 010.
C RAJU S/O LATE CHIKKATHIMMAIAH AGED ABOUT 58 YEARS R/AT NO.31/A, 18TH CROSS 8TH MAIN, MALLESWARM BANGALORE - 560 055.
M/S KRISHNA ENGINEERING SYSTEMS BY PROPRIETOR, NO.93, 3RD MAIN KEONICS LAYOUT, KARIOBANAHALLI THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058.
M/S SSA INDUSTRIES BY PROPRIETOR, NO.92 3RD MAIN, KEONICS LAYOUT KARIOBANAHALLI THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058.
DILIPRAJ S/O NOT KNOWN AGED ABOUT 52 YEARS RESIDENT OF NO.90 AND 91 3RD MAIN, KEONICS LAYOUT KARIOBANAHALLI THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058.
M/S SANJEEVINI MAIN PACHERING SYSTEMS - 4 - NC: 2025:KHC:43275 WP No. 2122 of 2024 HC-KAR BY PROPRIETOR, NO.89 3RD MAIN KEONICS LAYOUT, KARIOBANAHALLI THIGALARAPALYA, MAIN ROAD PEENYA II STAGE, BANGALORE - 560 058.
M/S VINAY ENGINEERS BY PROPRIETOR, NO.90 3RD MAIN, KEONICS LAYOUT KARIOBANAHALLI, THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058.
SRI VINAYAKA MOTORS BY PROPRIETOR,. NO.48/1 3RD MAIN, KEONICS LAYOUT KARIOBANAHALLI, THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058.
M/S INNOVA DYESIAS BY PROPRIETOR, NO.48/2 48/3, 3RD MAIN KEONICS LAYOUT KARIOBANAHALLI THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058.
M/S ANNAPOORNA POLY PACK BY PROPRIETOR, NO.48/1 AND NO.81 3RD MAIN, KEONICS LAYOUT KARIOBANAHALLI, THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058.
M/S MANAL ENTERPRISES BY PROPRIETOR,NO.34 3RD MAIN, KEONICS LAYOUT KARIOBANAHALLI, THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058.
M/S SREE LAKSHMI ENGINEERING BY PROPRIETOR, NO.51 2ND CROSS, KEONICS LAYOUT - 5 - NC: 2025:KHC:43275 WP No. 2122 of 2024 HC-KAR KARIOBANAHALLI THIGALARAPALYA, MAIN ROAD PEENYA II STAGE BANGALORE - 560 058.
M/S ANJANADRI RICHAKOTARIES BY PROPRIETOR, NO.32 2ND CROSS, KEONICS LAYOUT KARIOBANAHALLI, THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058.
M/S SREE LAKSHMI PLOYPACK BY PROPRIETOR, NO.48 2ND CROSS, KEONICS LAYOUT KARIOBANAHALLI, THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058.
GAS AND GLAZING TECHNOLOGES BY PROPRIETOR, NO.48, 2ND CROSS KEONICS LAYOUT, KARIOBANAHALLI THIGALARAPALYA, MAIN ROAD PEENYA II STAGE, BANGALORE - 560 058.
SILK FASHION EXPORT BY PROPRIETOR, NO.55,56,63 AND 64 2ND CROSS, KEONICS LAYOUT KARIOBANAHALLI, THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058.
BALAJI ENTERPRISES BY PROPRIETOR, NO.48 2ND CROSS, KEONICS LAYOUT KARIOBANAHALLI, THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058.
CHIKKATHIMMAIAH S/O NOT KNOWN MAJOR IN AGE 2ND CROSS, KEONICS LAYOUT - 6 - NC: 2025:KHC:43275 WP No. 2122 of 2024 HC-KAR KARIOBANAHALLI, THIGALARAPALYA MAIN ROAD, PEENYA II STAGE BANGALORE - 560 058. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HONOURABLE VII ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE FOR EARLY DISPOSAL OF THE ABOVE SUIT AND THE INTERIM APPLICATIONS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER
1. Plaintiffs are before this Court seeking the following reliefs: a) issue a writ or order in the nature of mandamus directing the Honourable VII Additional Senior Civil Judge, Bangalore Rural District, Bangalore for early disposal of the above suit and the interim applications as follows: i) application filed on 02.11.2022 to bring the proposed defendants 1 to 8 as defendants 25 to 32 under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure vide Annexure-B. ii) application filed on 02.11.2022 seeking amendment of the plaint under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure vide Annexure-C. - 7 - NC: 2025:KHC:43275 WP No. 2122 of 2024 HC-KAR iii) application filed on 24.11.2023 permit the petitioners to bring the L.R. of the deceased 4th respondent (defendant no.4) under Order XXII Rule 4 read with Section 151 of the Code of Civil Procedure vide Annexure-D. iv) application filed on 03.04.2023 praying the Honourable Court to grant an order of temporary injunction restraining the defendants 1 to 24 and proposed defendants 25 to 32 or their agents and PA Holders, not to alienate the application schedule property in favour of any third parties during pendency of the suit O.S.No.1861/2022, under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, vide Annexure-E. b) to issue any other writ or order as this Honourable Court deems fit to pass in the circumstances of the case, in the interests of justice and equity.
2. Heard the learned Counsel for the petitioners.
3. On the last date of hearing, this Court had directed the learned Counsel for the petitioners to provide the status of the applications in respect of which writ of mandamus is sought.
4. Learned Counsel for the petitioners, on instructions, has made a submission before this Court that except the application filed under Order I Rule 10(2) read with Section 151 CPC as per - 8 - NC: 2025:KHC:43275 WP No. 2122 of 2024 HC-KAR Annexure-B, the other three applications at Annexures-C, D & E, are still pending consideration.
5. The aforesaid submission is placed on record.
6. Petitioners are plaintiffs in O.S.No.1861/2022 (Old No.679/2018), wherein they have sought the relief of declaration and permanent injunction in respect of the suit schedule property.
7. The prayer made in this writ petition is to direct the Trial Court to expeditiously dispose of the suit, and also to direct the Trial Court to dispose of the applications filed in the said suit, which are produced at Annexures-B, C, D & E, respectively.
8. It is trite that in normal circumstances, this Court shall not venture to issue a writ of mandamus directing the Trial Court to dispose of the suit expeditiously, unless exceptional circumstance is made out. No such circumstance is pointed out by the learned Counsel for the petitioners for issuing a writ of mandamus to the Trial Court to dispose of the suit expeditiously. - 9 - NC: 2025:KHC:43275 WP No. 2122 of 2024 HC-KAR
9. In so far as the other prayers made in this writ petition to direct the Trial Court to dispose of the applications which are produced at Annexures-B, C, D & E are concerned, it is submitted by the learned Counsel for the petitioners that the application at Annexure-B which was filed under Order I Rule 10(2) read with Section 151 CPC, is already disposed of.
10. The application at Annexure-C is filed under Order VI Rule 17 read with Section 151 CPC and the said application is said to have been filed on 02.11.2022. The application at Annexure-D under Order XXII Rule 4 read with Section 151 CPC is filed on
24.11.2023, and the application at Annexure-E under Order XXXIX Rules 1 & 2 CPC is filed on 03.04.2023. All these applications at Annexures-C, D & E are pending consideration before the Trial Court for a considerable period of more than two years, and therefore, I am of the opinion that petitioners have made out a case for directing the Trial Court to consider the said applications on its merits and dispose of the same, expeditiously, within a time frame. Accordingly, the following order: - 10 - NC: 2025:KHC:43275 WP No. 2122 of 2024 HC-KAR
Operative part
11. The writ petition is allowed in part. The prayer made by the petitioners to direct the Trial Court to dispose of the suit expeditiously, is rejected. The Trial Court is directed to consider the application filed under Order VI Rule 17 read with Section 151 CPC at Annexure-C, application filed under Order XXII Rule 4 read with Section 151 CPC at Annexure-D, and the application filed under Order XXXIX Rules 1 & 2 CPC at Annexure-E, and dispose of the said applications on merits after hearing all the parties, as expeditiously as possible, but not later than a period of three months from the date of receipt of the certified copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE KK
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is allowed in part
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 151; Constitution of India — arts. 226, 227; Code of Civil Procedure, 1908 — O. VI r. 17; O. XXII r. 4; O. XXXIX rr. 1, 2.
Which court decided this case, and when?
Karnataka High Court, on 29 Oct 2025. The bench was S VISHWAJITH SHETTY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.