Karnataka High Court

WP/25559/2026 of SRI. PRAKASH Vs SRI. ABDUL RAZAK on 17 August 2026

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CNR: KAHC010558052026 NC: 2026:KHC:44066 WP No. 25559 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.25559 OF 2026 (GM-CPC) BETWEEN: SRI. PRAKASH, S/O LATE M.K. ANANTHARAJ, AGED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF AUGUST, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO.25559 OF 2026 (GM-CPC)

BETWEEN:

SRI. PRAKASH,

S/O LATE M.K. ANANTHARAJ,

AGED ABOUT 68 YEARS,

R/AT JANKALA HOUSE,

SANGABETTU VILLAGE,

POST SIDDAKATTE,

BANTWAL TALUK,

DAKSHINA KANNADA DISTRICT – 574 211.

…PETITIONER

(BY SMT. APARAJITHA ARIGA K., ADVOCATE FOR

SRI. K.A.ARIGA, ADVOCATE)

AND:

SRI. ABDUL RAZAK,

S/O LATE IDDINABBA,

AGED ABOUT 80 YEARS,

R/AT SIDDAKATTE MAIN ROAD,

OPPOSITE DURGA HARDWARE,

SANGABETTU VILLAGE,

POST SIDDAKATTE,

BANTWAL TALUK

DAKSHINA KANNADA DISTRICT – 574 211.

…RESPONDENT

THIS WP IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF

Digitally

signed by

SUVARNA T

Location:

HIGH

COURT OF

KARNATAKA

HC-KAR

MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR

DIRECTION DIRECTING THE COURT OF THE PRINCIPAL CIVIL

JUDGE AND JMFC, BANTWAL, TO EXPEDITIOUSLY PROCEED

WITH AND DISPOSE OF O.S NO.44/2025 PENDING ON ITS

FILE, WITHIN SUCH TIME AS MAY BE FIXED BY THIS HON'BLE

COURT.

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: “Wherefore, the petitioner most respectfully prays that this Hon’ble Court may be pleased to:

a. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Court of the Principal Civil Judge and JMFC, Bantwal, to expeditiously proceed with and dispose of O.S.No.44/2025 pending on its file, within such time as may be fixed by this Hon’ble Court.

b. Pass such other order or direction as this Hon’ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity.”

HC-KAR

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 unless and until there is an exceptional case, which warrants order from this Court.

3. The suit is of the year 2025. Considering the fact that the much older matters are pending, this Court is not inclined to issue any mandamus. Accordingly, this Court is passing the following:

ORDER

i. Accordingly, the writ petition is dismissed. ii. Pending IAs., if any, shall stand closed.

SD/- (LALITHA KANNEGANTI) JUDGE

PKN List No.: 1 Sl No.: 60

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