M M PURUSHOTTAMA vs M NAGARAJA HEBBAR
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59663
WP No. 14048 of 2026
CNR: KAHC010297022026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 14048 OF 2026 (GM-CPC)
BETWEEN:
1. M. M. PURUSHOTTAMA
AGED ABOUT 77 YEARS,
S/O LATE MANJUNATHAYYA
DEVI KRUPA, 3RD BLOCK,
NEAR MANGALYA PROSPER APARTMENT,
J.P.NAGAR 9TH PHASE,
VTC, POST, ANJANAPURA.
BENGALURU 560108
2. M.M.KRISHNAMOORTHY,
AGED ABOUT 73 YEARS,
S/O LATE MANJUNATHAYYA,
SHANUBOGARA MANE,
MARAVANTE VILAGE AND POST,
BYNDOOR TALUK UDUPI DT. 576224
3. M.M.LAKSHMINARAYANA,
AGED ABOUT 70 YEARS,
S/O LATE MANJUNATHAYYA,
SHANUBOGARA MANE,
MARAVANTE VILAGE AND POST,
BYNDOOR TALUK UDUPI DT. 576224
4. SUCHITRA PURANIK,
AGED ABOUT 50 YEARS,
W/O SRINIVASA PURANIK, 12,
ABHINAVA, NSC BOSE ROAD,
NEAR CHURCH ROAD, JARGANAHALLI,
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
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JP NAGAR POST,
BANGALORE 560 078
5. M.SANMATHI,
249-260, 9TH MAIN,
LAKKASANDRA EXTN. WILSON GARDEN,
BANGALORE 560030
6. DR.K.S.VENKATESH,
S/O LEELAVATHI NAKSHATRI,
413, RADIANT ELITAIR,
JUMBOSWARI ROYAL COUNTRY
JP NAGAR 8TH PHASE, KOTHNUR,
BANGALORE 560 078
7. VIJAYA K.S.,
S/O LEELAVATHI NAKSHATRI,
VILLA NO.H8 NVT, MYSTIC GARDEN,
SARJAPUR ATTIBELE ROAD,
INDIABELE VILLAGE,
BANGALORE 562107
8. K.S.JAYASUDHA
W/O LAKSHMINARAYAN MAIYYA
FLAT NO.106, MBM ROHITH RESIDENCY,
OPP. BWSSB WATER TANK,
KOTHANUR DINNE MAIN ROAD,
JP NAGAR 8TH PHASE,
BANGALORE 560 078
9. KALYANI MADHYASTA,
AGED ABOUT 72 YEARS,
W/O VENKATARAMANA MADHYASTA,
SHANUBOGARA MANE,
MARAVANTE VILAGE AND POST,
BYNDOOR TALUK UDUPI DT. 576224
10. M.YAMUNA,
AGED ABOUT 66 YEARS,
W/O RAMESH RAO, III FLOOR,
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WP No. 14048 of 2026
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PRESTIGE ARCADE,
RAMASWAMY CIRCLE,
MYSORE
11. LAKSHMI,
AGED ABOUT 64 YEARS,
W/O VENUGOPALA RAO,
MELKOPPA POST, OKKALIKE,
KOPPA TALUK, CHICKMAGALUR DIST.
…PETITIONERS
(BY SRI PUTHIGE R RAMESH, SENSIOR COUNSEL FOR
SMT. LAKSHMI E., ADVOCATE)
AND:
1. M NAGARAJA HEBBAR
AGED ABOUT 60 YEARS
S/O LATE RAMAKRISHNA, 2-198,
BOPADI ROAD, KORANGARAPADI,
UDUPI TALUK UDUPI DT. 574118
2. M.ACHUTHA HEBBAR,
AGED ABOUT 58 YEARS
S/O LATE RAMAKRISHNA,
SHREEDHAMA, 3RD CROSS, ASHOK NAGAR,
SHIVAMOGGA 577201
3. VIJAYANTHI KARANTH,
AGED ABOUT 56 YEARS,
W/O SRINIVASA KARANTH,
ARUNA, 8-1-37, L.L.R.ROAD,
KUNJIBETTU, UDUPI TALUK
UDUPI DT. 576102
4. POORNIMA,
AGED ABOUT 54 YEARS,
W/O SHIVASHANKARAYYA,
GALITHOTA, KUNCHEBAILU,
BETTAGERE MASIGE,
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SRINGERI TALUK,
CHICKMAGALUR DIST 577319.
5. M.RAJASHEKARA HEBBAR,
AGED ABOUT 52 YEARS
S/O LATE RAMAKRISHNA,
SAMSKRUTI. 2ND CROSS, 2ND MAIN,
KINNIMULKI, VEGAS TOWNSHIP,
UDUPI TALUK UDUPI DT. 576101
6. VEENA S HEBBAR,
AGED ABOUT 53 YEARS,
W/O LATE SUBRAMANYA 4/16,
HARINIVASA, KOLAMBE,
C.J.CHURCH ADJ ROAD, 76,
BADAGUBETTU, MOODU BAILOOR,
UDUPI TALUK UDUPI DT. 576101
7. SUNANDINI HEBBAR,
AGED ABOUT 27 YEARS,
D/O LATE SUBRAMANYA 4/16, HARINIVASA,
KOLAMBE, C.J.CHURCH ADJ ROAD, 76,
BADAGUBETTU, MOODU BAILOOR,
UDUPI TALUK UDUPI DT. 576101
8. SUMEDHINI HEBBAR,
AGED ABOUT 23 YEARS,
D/O LATE SUBRAMANYA
4/16, HARINIVASA, KOLAMBE,
C.J.CHURCH ADJ ROAD,
76, BADAGUBETTU, MOODU BAILOOR,
UDUPI TALUK UDUPI DT. 576101
9. M.KRISHNA HEBBAR,
AGED ABOUT 44 YEARS
S/O LATE RAMAKRISHNA,
4/48, AMMA, VEERAHANUMAN CROSS RD,
CHITPADY VILLAGE,
UDUPI TALUK 576101
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10. PADMAVATHI HEBBAR,
AGED ABOUT 70 YEARS
S/O LATE RAMAKRISHNA,
4/48, AMMA, VEERAHANUMAN CROSS RD,
CHITPADY VILLAGE UDUPI TALUK
UDUPI DT. 576101
11. M.SRIDHARA HEBBAR,
AGED ABOUT 44 YEARS
S/O LATE M.SEETHARAMA,
R/O SAMPADA HOUSE, MARAVANTE POST,
BYNDOOR TALUK, UDUPI DT. 576224,
12. SHARADA H.S.,
AGED ABOUT 55 YEARS,
W/O LATE M.S. NARENDRA,
VENKADARI NIVAS 650, 2ND STAGE,
6TH CROSS, NAGEGOWDA EXTN,
KUSHALNAGAR,
KODAGU DIST 571234
13. PRADYOTHA M N
AGED ABOUT 20 YEARS,
S/O LATE M.S.NARENDRA,
VENKADARI NIVAS 650,
2ND STAGE, 6TH CROSS,
NAGEGOWDA EXTN, KUSHALNAGAR,
KODAGU DIST 571234
14. DITHA.M.N.,
AGED ABOUT 18 YEARS,
D/O LATE M.S.NARENDRA,
VENKADARI NIVAS 650, 2ND STAGE,
6TH CROSS, NAGEGOWDA EXTN,
KUSHALNAGAR,
KODAGU DIST 571234
…RESPONDENTS
(VIDE ORDER DATED 28.10.2026
NOTICE TO RESPONDENTS IS DISPENSED WITH)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE LEARNED
TRIAL JUDGE IN THE COURT OF CIVIL JUDGE AND JMFC AT
BAINDURU TO TAKE UP O.S.NO.438/2023 PENDING ON ITS FILE
AFTER IT WAS TRANSFERRED AS O.S.NO.279/2010 FROM THE
COURT OF CIVIL JUDGE, KUNDAPURA OUT OF TURN AND
DISPOSE OF THE SAME EXPEDITIOUSLY WITHIN A TIME-BOUND
PERIOD.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
The present petition is filed seeking a writ of mandamus
directing the Trial Court to dispose of O.S. No.438/2023
expeditiously.
2. Learned Senior Counsel appearing for the petitioners
submits that the suit for partition was instituted in the year
2010 and that, even after the lapse of 16 years, the suit has
not made any substantial progress. It is submitted that the suit
is still at the stage of evidence. Having regard to the age of the
parties to the suit, learned Senior Counsel submits that the
Trial Court may be directed to dispose of the suit expeditiously.
3. Considering the submissions made by the learned Senior
Counsel, in view of the limited interference, this Court is
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CNR: KAHC010297022026
inclined to make notice to the respondents stands dispensed
with.
4. The suit was instituted in the year 2010 and was
subsequently renumbered as O.S. No.438/2023. The parties
were aged between 44 and 77 years as of 2010. Having regard
to the nature of the suit and the age of the parties, this Court
finds that the progress made in the suit is unsatisfactory. No
compelling reasons are seen justifying the delay in the progress
of the proceedings. In that view of the matter, this Court is
inclined to entertain the petition.
5. Accordingly, the following:
O R D E R
The writ petition is disposed of with a direction to the
Trial Court to dispose of O.S. No.438/2023 expeditiously and,
in any event, within an outer limit of 18 months from today.
Sd/-
(K. V. ARAVIND)
JUDGE
VBS
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