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2025 DAILYLAW 12549 (KAR)

SRI KRISHNAPPA v. SRI CHIKKA SUBBANNA

WP/310/2025 · 2025-01-20

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2118 WP No. 310 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 310 OF 2025 (GM-CPC) BETWEEN: 1. SRI KRISHNAPPA, S/O LATE. MUNISHAMAPPA, AGED ABOUT 76 YEARS, R/AT DODDAKOLIGA VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT PIN- 562159. 2. SRI MUNI NARAYANAPPA, S/O LATE. MUNISHAMAPPA, AGED ABOUT 70 YEARS, R/AT DODDAKOLIGA VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT PIN- 562159. 3. SRI RAJANNA, S/O LATE. MUNISHAMAPPA, AGED ABOUT 65 YEARS, R/AT DODDAKOLIGA VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT PIN- 562159. …PETITIONERS (BY SRI SRINIVASA, ADVOCATE) AND: 1. SRI CHIKKA SUBBANNA, S/O LATE. MUNISHAMAPPA AGED ABOUT 66 YEARS. 2. SRI NANJAPPA, S/O LATE. MUNISHAMAPPA, Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2118 WP No. 310 of 2025 AGED ABOUT 76 YEARS. 3. SRI BYRAPPA, S/O LATE. MUNISHAMAPPA, AGED ABOUT 73 YEARS. 4. SRI DODDA SUBBANNA, S/O LATE. MUNISHAMAPPA, AGED ABOUT 69 YEARS. 5. SMT. PARVATHAMMA, D/O LATE. MUNISHAMAPPA, AGED ABOUT 63 YEARS. 6. SMT. BHAGYAMMA, S/O LATE. MUNISHAMAPPA, AGED ABOUT 60 YEARS. 7. SMT. JAYAMMA, W/O BYRAPPA, AGED ABOUT 60 YEARS. THE RESPONDENT NO. 1 TO 7 ARE R/AT DODDAKOLIGA VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT PIN- 562159. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH V/O DATED 20.01.2025) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) CALL FOR RECORDS PERTAINING TO IA NO. 8 DATED 07/11/2024 AND IA NO. 9 DATED 21/11/2024 AT ANNEXURE-C AND D IN OS NO. 47/2023, PENDING ON THE FILE OF THE HON'BLE PRINCIPAL SENIOR CIVIL JUDGE, HOSKOTE ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:2118 WP No. 310 of 2025 ORAL ORDER This petition is by defendant Nos. 1, 4 and 6 under Article 227 of the Constitution of India, seeking for a direction to the trial Court to dispose of I.A.Nos. 8 and 9 filed by the petitioners as expeditiously as possible. 2. The plaintiff has filed a suit for partition and separate possession. After service of summons, the petitioners have filed written statement. Thereafter, petitioners have filed I.A.8 under Order 39 Rules 1 and 2 of CPC seeking temporary injunction to restrain the plaintiff from putting up any sort of construction over the counter claim suit schedule property and also filed I.A.9 under Order 39 Rules 1 and 2 of CPC seeking temporary injunction directing the plaintiff to maintain status quo over the counter claim suit schedule property. 3. As per the order sheet produced by the petitioners, I.A.No.8 was filed on 07.11.2024 and I.A.No.9 was filed on 21.11.2024. Arguments of the petitioners on - 4 - NC: 2025:KHC:2118 WP No. 310 of 2025 I.A.Nos. 8 and 9 were completed. For the arguments of the plaintiff, the matter was adjourned from time to time. 4. Petitioners are only seeking for a direction to dispose of I.A.Nos. 8 and 9 as expeditiously as possible. Under these circumstances, issuance of notice to respondents is dispensed with. 5. In view of the above, without expressing any opinion on the merits of the case, the trial Court is directed to dispose of I.A.Nos. 8 and 9 filed by the petitioners in accordance with law as expeditiously as possible, but not later than 28.02.2025. 6. Accordingly, petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE VP