Karnataka High Court
WP/26101/2026 of J. BHARATH Vs B.PURUSHOTHAM, on 20 August 2026
CNR: KAHC010577542026 NC: 2026:KHC:45239 WP No. 26101 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 26101 OF 2026 (GM-CPC) BETWEEN: J. BHARATH, S/O LATE M.JAGANATHAN, AGED ABOUT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 26101 OF 2026 (GM-CPC)
BETWEEN:
J. BHARATH,
S/O LATE M.JAGANATHAN,
AGED ABOUT 45 YEARS,
RESIDING AT NO.H.35,
HUDCO,
AVALAHALLI, BAGALUR ROAD,
HOSUR TALUK,
KRISHNAGIRI DISTRICT – 635 109.
…PETITIONER
(BY SRI. SHASHANK S GOWDA, ADVOCATE)
AND:
1.
B.PURUSHOTHAM,
AGED ABOUT 66 YEARS,
S/O LATE BHAKSTHA VASTLA,
R/AT NO.41, C STREET,
KALASIPALYAM,
BENGALURU – 560 002.
2.
THE LAND ACQUISITION OFFICER,
KARNATAKA HOUSING BOARD,
KAVERI BHAVANA,
BENGALURU – 560 001.
Digitally
signed by
SUVARNA T
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
3.
THE CHIEF ENGINEER,
KHB PHASE NO.3,
SURYANAGAR, CHANDAPURA ATTIBELE HOBLI,
ANEKAL TALUK,
BENGALURU DISTRICT – 562 107.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE II
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT ANEKAL, BENGALURU RURAL TO CONSIDER THE APPLICATION FILED BY
THE PETITIONER/DECREE HOLDER IN IA NO.4/2026 IN EX
NO.39/2017 FILED UNDER ORDER 21 RULE 54 OF CPC TO
ATTACH THE PROPERTIES ALLOTTED TO THE JDR NO.1 BY THE
RESPONDENT NO.2 HEREIN, WITHIN A TIME FRAME AS
EXPEDITIOUSLY AS POSSIBLE VIDE ANNEXURE-A AND ETC., THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
The present writ petition is filed seeking the following prayers:
HC-KAR
"PRAYER
WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to:
a. Issue writ in the nature of Mandamus or any other appropriate writ, or order, directing the II Additional Senior Civil Judge and JMFC At Anekal, Bengaluru Rural to consider the Application filed by the Petitioner/Decree Holder in IA No.4/2026 in EX No.39/2017 filed under Order 21 Rule 54 of CPC to attach the properties allotted to the JDR No.1 by the Respondent No.2 herein, within a time frame as expeditiously as possible vide Annexure-A;
b. Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the matter."
2. In the light of the Judgment of the Hon'ble Apex Court in the case of High Court Bar Association Allahabad Vs, The State Of Uttar Pradesh in Crl.A.No.3589/2023 dated 29.02.2024, this Court in every case cannot issue a writ of mandamus directing the Court to dispose of the matter for the sake of asking the same, unless and until an exceptional case is made out warranting an order from this Court.
3. Considering the fact that the much older matters are pending, this Court is not inclined to issue any mandamus.
HC-KAR
4. Accordingly, the writ petition is dismissed.
5. Pending IAs., if any, shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
BH List No.: 1 Sl No.: 14