Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4410 WP No. 2588 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2588 OF 2025 (GM-CPC) BETWEEN:
SRI ANJINAPPA, S/O LATE CHIKKAYELLAPPA, AGED ABOUT 55 YEARS, R/AT CHOODASANDRA VILLAGE, SARJAPURA HOBLI, AENKAL TALUK, BANGALORE DISTRICT-560 035. …PETITIONER (BY SRI CHETAN DESAI, ADVOCATE)
AND:
1. SRI GOPALAPPA, S/O CHINNAPPA, AGED ABOUT 55 YEARS. 2. SRI MUNIVENKATAPPA, S/O LATE CHINNAPPA, AGED ABOUT 52 YEARS. 3. SMT. PAPAMMA, D/O LATE CHINNAPPA, AGED ABOUT 56 YEARS. 4. SMT. PARVATHI, D/O LATE CHINNAPPA, AGED ABOUT 54 YEARS. 5. SMT. VENKATAMMA, W/O LATE SAMPANGI, AGED ABOUT 56 YEARS. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4410 WP No. 2588 of 2025
6. SRI RAMACHANDRA, S/O LATE SAMPANGI, AGED ABOUT 35 YEARS. 7. SRI SUBHASHCHANDRA, S/O LATE SAMPANGI, AGED ABOUT 29 YEARS. 8. SRI RGHUNATH, S/O LATE SAMPANGI, AGED ABOUT 26 YEARS. 9. SMT. RASHMI, D/O LATE SAMPANGI, AGED ABOUT 23 YEARS. NO.1 TO 9 ARE REP. BY THEIR POWER OF ATTORNEY HOLDER, SRI. GOPALAPPA, AND ALL ARE R/AT CHOODASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-560 035. 10. SMT. MUNIRAMAKKA, W/O LATE DASAPPA, AGED ABOUT 80 YEARS. 11. SMT. YELLAMMA, D/O LATE DASAPPA, AGED ABOUT 65 YEARS. R/AT KOOTHURU VILLAGE, MOOKANAHALLI POST, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635 001. 12. SMT. PAPAMMA, D/O LATE DASAPPA, AGED ABOUT 60 YEARS. 13. SMT. MADDURAMMA, D/O LATE DASAPPA,
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NC: 2025:KHC:4410 WP No. 2588 of 2025
AGED ABOUT 55 YEARS, R/AT PANATHOOR DINNE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560 087. 14. SMT. AMMAYYAMMA, D/O LATE DASAPPA, AGED ABOUT 50 YEARS, R/AT TATANAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-562 106. 15. SRI YELLAPPA, S/O LATE DASAPPA, AGED ABOUT 53 YEARS. NO. 10 TO 15 ARE ALL REP. BY THEIR POWER OF ATTORNEY HOLDER, SRI YELLAPPA SON OF LATE DASAPPA. 16. SMT.MUNIYAMMA, W/O LATE ANNAYYAPPA, AGED ABOUT 72 YEARS. 17. SRI NARAYANAPPA, S/O LATE ANNAYYAPPA, AGED ABOUT 70 YEARS. NO. 10 TO 17 ARE ALL R/AT CHOODASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-560 035. 18. SMT. SAVITHRAMMA, D/O LATE ANNAYYAPPA, AGED ABOUT 47 YEARS, R/AT AADUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE DISTRICT -560 049. NO. 16 & 18 ARE REP.
BY THEIR, POWER OF ATTORNEY HOLDER,
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NC: 2025:KHC:4410 WP No. 2588 of 2025
SRI NARAYANAPPA, S/O LATE ANNAYYAPPA. 19. SMT. VENKATAMMA, W/O LATE CHIKKAPAPA, AGED ABOUT 79 YEARS. 20. SRI MUNIYAPPA, S/O LATE CHIKKAPAPA, AGED ABOUT 54 YEARS. 21. SRI MUNIVENKATAPPA, S/O LATE CHIKKAPAPA, AGED ABOUT 52 YEARS. 22. SMT. MUNIYELLAMMA, D/O LATE CHIKKAPAPA, AGED ABOUT 50 YEARS. 23. SRI MUNIKAVERAPPA, S/O LATE CHIKKAPAPA, AGED ABOUT 40 YEARS. NO. 19 TO 23 ARE ALL R/AT CHOODASANDRA VILLAGE, SARJAPURA HOBLI ANEKAL TALUK, BANGALORE DISTRICT-560 035. 24. SMT. SHARADAMMA, W/O LATE MUNIKAVERAPPA, AGED ABOUT 65 YEARS, R/AT NO.24/4, BEHIND APS , V. V. PURAM, (PARVATHI PURA), BANGALORE-560 004. 25. SRI PAPARAJU, S/O LATE MUNIKAVERAPPA, AGED ABOUT 64 YEARS. 26. SRI PARTHASARATHI, S/O LATE MUNIKAVERAPPA, AGED ABOUT 63 YEARS. - 5 -
NC: 2025:KHC:4410 WP No. 2588 of 2025
27. SRI KRISHNASWAMY, S/O LATE MUNIKAVERAPPA, AGED ABOUT 54 YEARS. 28. SRI MUNIVENKATAPPA, S/O LATE MUNIKAVERAPPA, AGED ABOUT 53 YEARS. 29. SRI CHANDRAPPA, S/O LATE MUNIKAVERAPPA, AGED ABOUT 50 YEARS. 30. SRI SHIVAPPA, S/O LATE MUNIKAVERAPPA, AGED ABOUT 48 YEARS. 31. SRI C. M SAMPANGI, S/O LATE MUNIGUAPPA, AGED ABOUT 65 YEARS. 32. SRI S. MADAN, S/O C. M SAMPANGI, AGED ABOUT 40 YEARS. 33. SMT. THAYAMMA, W/O LATE MUNIYELLAPPA, AGED ABOUT 55 YEARS. RESPONDENTS NO. 25 TO 33 ARE ALL R/AT CHOODASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-560 035. 34. SMT. PAPAMMA, D/O LATE GULLAPPA, AGED ABOUT 55 YEARS. 35. SMT. KAVERAMMA, D/O LATE GULLAPPA, AGED ABOUT 50 YEARS. - 6 -
NC: 2025:KHC:4410 WP No. 2588 of 2025
RESPONDENTS NO. 34 & 35 ARE R/AT MAYASANDRA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-560 083. 36. SMT. MUNIYAMMA, D/O LATE GULLAPPA, AGED ABOUT 47 YEARS, D/O SRI. MADDURAPPA. 37. SMT. SHANKARAMMA, D/O LATE GULLAPPA, AGED ABOUT 45 YEARS, D/O SRI. MADDURAPPA. 38. SRI YELLAPPA, S/O LATE GULLAPPA, AGED ABOUT 40 YEARS. 39. SRI ANJINAPPA, S/O LATE GULLAPAPA, AGED ABOUT 65 YEARS. 40. SMT.
PILLAMMA, W/O LATE KRISHNAPPA, AGED ABOUT 55 YEARS. 41. SRI GOPALA, S/O LATE KRISHNAPPA, AGED ABOUT 34 YEARS. 42. SRI KAVERAPPA, S/O LATE GULLAPAPA, AGED ABOUT 55 YEARS. NO. 36 TO 42 ARE ALL R/AT CHOODASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-560 035. 43. SMT. PILLAMMA, D/O LATE GULLAPAPA, MAJOR IN AGE,
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NC: 2025:KHC:4410 WP No. 2588 of 2025
R/AT ELLULKUNTE, AMBEDKAR COLONY, 3RD STAGE, HSR LAYOUT, BANGALORE -560 034. 44. SMT. PILLAMMA, D/O LATE GULLAPAPA, AGED ABOUT 60 YEARS, R/AT MAYASANDRA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-560 085. 45. SMT. VENKATAMMA, D/O LATE GULLAPAPA, AGED ABOUT 50 YEARS, R/AT AADUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE-560 049. 46. SRI SRINIVAS, S/O LATE GULLAPAPA, AGED ABOUT 45 YEARS. 47. SMT. ALLELAMMA, W/O LATE CHIKKAYELLAPPA, AGED ABOUT 70 YEARS, R/AT CHOODASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-560 035. 48. SMT. MUNIYELLAMMA, D/O LATE CHIKKAYELLAPPA, AGED ABOUT 40 YEARS, R/AT NO.1, 21ST MAIN ROAD, BACHAPPA ROAD, A. K COLONY, VIVEKANAGARA POST, EJIPURA, BANGALORE-560 047. 49. SMT. GOWRAMMA, D/O LATE CHIKKAYELLAPPA, W/O SRI MUNIREDDY, AGED ABOUT 45 YEARS, R/AT 17TH WARD, JAI BHEEM NAGAR, A. K COLONEY, ANEKAL, BANGALORE DISTRICT-562 106. - 8 -
NC: 2025:KHC:4410 WP No. 2588 of 2025
50. SMT. KANTHAMMA, D/O LATE CHIKKAYELLAPPA, AGED ABOUT 36 YEARS, R/AT MAYASANDRA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-562 107. 51. SRI MUNIRAJU, S/O LATE MUNIEYLLAPPA, AGED ABOUT 40 YEARS. 52. SMT. AMMAYYAMMA, W/O LATE MUNIGURAPPA, AGED ABOUT 55 YEARS. 53. KUMARI SAVITHA D/OF LATE MUNIGURAPPA, AGED ABOUT 19 YEARS. RESPONDENT NO. 50 TO 52 ARE ALL R/AT CHOODASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-560 035. 54. SMT. KAVITHA M, D/O LATE MUNIGURAPPA, W/O SRI RAKESH, AGED ABOUT 20 YEARS, R/AT JANATHA COLONY, KODATHI VILLAGE, CARMELERAM POST, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE -560 087. 55. SRI BHEEMAPPA, S/O LATE KAVERAPPA, AGED ABOUT 70 YEARS. 56. SRI RAMAIAH, S/O LATE. KAVERAPPA, AGED ABOUT 68 YEARS. 57. SMT.
CHINNAMMA, W/O LATE DODDAYELLAPPA, AGED ABOUT 70 YEARS. - 9 -
NC: 2025:KHC:4410 WP No. 2588 of 2025
58. SRI VENKATESH, S/O LATE DODDAYELLAPPA, AGED ABOUT 48 YEARS. RESPONDENTS NO. 54 TO 57 R/AT CHOODASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-560 035. 59. SMT. YELLAMMA, D/O LATE KAVERAPPA, AGED ABOUT 55 YEARS, R/AT NO. 89, A. K COLONY, BOORUGUNTE ROAD, BEGUR, BANGALORE DISTRICT-560 068. 60. SMT. KAVERAMMA, D/O LATE KAVERAPPA, AGED ABOUT 55 YEARS, R/AT CHOODASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-560 035. 61. SMT. SHANTHAMMA, D/O LATE KAVERAPPA, AGED ABOUT 47 YEARS, R/AT NO.155, MUNESHWARA LAYOUT, CHIKKANAYAKANAHALLI, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560 087. …RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT ANEKAL, BANGALORE DISTRICT TO DISPOSE OF THE IA NO.4 FILED ANNEXURE-A IN O.S.NO. 977/2014 WITHIN ONE MONTH AND THE SUIT IN O.S.NO. 977/2014 AS EXPEDITIOUSLY AS POSSIBLE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:4410 WP No. 2588 of 2025
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
This writ petition is filed by defendant No.25 seeking direction to the II Additional Senior Civil Judge and JMFC, Anekal, to dispose of I.A.4 filed under Order 39 Rules 1 and 2 read with Section 151 of CPC seeking temporary injunction in O.S.No.977/2014, within one month and also for a direction to dispose of the suit in O.S.977/2014 as expeditiously as possible.
2. In light of the prayer made in the present writ petition, issuance of notice to the respondents is not necessary.
3. The plaintiff has filed a suit for partition and separate possession. During the pendency of the suit, defendant No.25 filed I.A.4 filed under Order 39 Rules 1 and 2 read with Section 151 of CPC seeking temporary injunction.
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NC: 2025:KHC:4410 WP No. 2588 of 2025
4.
Learned counsel appearing for the petitioner submits that I.A.4 was filed on 12.09.2023 and the same was heard and reserved for orders on 27.08.2024 and till today, no orders are passed. Therefore, he seeks for a direction to the trial Court to dispose of I.A.4.
5. It is seen that objections to I.A.4 has been filed and the parties are heard on the said application. Hence, there is no impediment for the trial Court to pass orders on the same. Accordingly, without expressing any opinion on the merits of the case, the trial Court is directed to dispose of I.A.4 filed by defendant No.25 under Order 39 Rules 1 and 2 read with Section 151 of CPC as expeditiously as possible, but not later than the end of February, 2025.
6. Accordingly, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE
VP