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2025 DAILYLAW 16412 (KAR)

DR GEETHA MURTHY v. SRI MUNIRAJU

WP/4198/2020 · 2025-05-02

M G S Kamal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17930 WP No. 4198 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4198 OF 2020 (GM-CPC) BETWEEN: 1. DR. GEETHA MURTHY W/O DR. GOWDAR SADASHIV MURTHY AGED ABOUT 70 YEARS 2. DR. GOWDAR SADASHIV MURTHY S/O LATE A SANGAPPA AGED ABOUT 75 YEARS, BOTH R/AT NO.10922, STONINGTON AVENUE, FORT MYERS FI 33913 USA. REPRESENTED BY ITS GPA HOLDER MR. ABHISHEK THOTADA S/O T.S. PRABHUDEVAPPA R/AT A 3-104 "PURVA ATRIA APARTMENT" RMV II STAGE, BENGALURU-560 094. …PETITIONERS (BY SRI. CHIDANANDA P.,ADVOCATE) AND: 1. SRI MUNIRAJU S/O MUNISWAMAPPA AGED ABOUT 62 YEARS R/AT BUVANAHALLI DEVANAHALLI TALUK BENGALURU RURAL Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17930 WP No. 4198 of 2020 DISTRICT-562110. 2. MAHADEVA RAJU S/O LATE RAJU AGED ABOUT 46 YEARS R/AT NO.1767 SREE LAKSHMI VENKATESHWARA NILAYA, 7TH MAIN, 5TH CROSS, JUDICIAL LAYOUT, YELAHANKA, BENGALURU-560064. …RESPONDENTS (BY SRI. RAJASHEKAR S.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INIDA PRAYING TO QUASH THE ORDER DATED 28.01.2020, PASSED ON I.A.NO.1/2020, BY THE CITY CIVIL JUDGE, IV ACC AND SJ (CCH-21) MAYO HALL UNIT, BENGALURU IN O.S.NO.25757/2017 AT ANNX-E AND TO GRANT AN INTERIM ORDER TO DIRECT THE TRIAL COURT NOT TO TAKE THE WRITTEN STATEMENT OF R-1 ON RECORD, PENDING DISPOSAL OF THE ABOVE W.P. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The only grievance of the petitioner in this petition is with regard to the order passed by the Trial Court allowing the application filed by the defendant No.1 seeking permission to file written statement after expiry of the period of limitation. - 3 - NC: 2025:KHC:17930 WP No. 4198 of 2020 The said order is in exercise of jurisdiction by the Trial Court which cannot be found fault with. In that view of the matter, petition is dismissed. However, considering the pendency of the suit which is one for injunction, Trial Court shall endeavour to dispose of the suit as expeditiously as possible within an outer limit of one year from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 12