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2025 DAILYLAW 16932 (KAR)

SMT KAMALAMMA @ KAMALA v. SRI ASHWATHAPPA

WP/5931/2025 · 2025-03-04

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9109 WP No. 5931 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5931 OF 2025 (GM-CPC) BETWEEN: SMT KAMALAMMA @ KAMALA D/O LATE YELEYAPPA @YELAPPA W/O MUNIYAPPA AGED ABOUT 62 YEARS R/AT NO. 163, DODDASHIVARA VILLAGE KASABA HOBLI, DODDAKADTHURU POST MALUR TALUK, KOLAR DISTRICT-563101 …PETITIONER (BY SRI. UMESH B N., ADVOCATE) AND: 1. SRI ASHWATHAPPA S/O. LATE CHIKKASIDDAPPA AGED ABOUT 76 YEARS 2. SURESH S/O ASHWATHAPPA AGED ABOUT 52 YEARS 3. PRAKASH S/O ASHWATHAPPA AGED ABOUT 47 YEARS 4. KUM. THANUSHRI D/O SURESH AGED ABOUT 17 YEARS SINCE MINOR REPRESENTED BY NATURAL GUARDIAN FATHER R3 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9109 WP No. 5931 of 2025 5. MANJUNATH S/O ASHWATHAPPA AGED ABOUT 45 YEARS 6. RAGHU S/O ASHWATHAPPA AGED ABOUT 43 YEARS 7. KUM. CHANDANA D/O MUNIYAPPA AGED ABOUT 16 YEARS SINCE MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER SMT RAJAMMA W/O MUNIYAPPA AGED ABOUT 45 YEARS 8. G.S. RAMACHANDRAPPA S/O LATE CHIKKASIDDAPPA AGED ABOUT 73 YEARS 9. BHEERAMMA D/O G.S.RAMACHANDRAPPA AGED ABOUT 44 YEARS 10. SATHISH.R S/O G.S.RAMCHANDRAPPA AGED ABOUT 41 YEARS 11. LOKESH.R S/O G.S.RAMCHANDRAPPA AGED ABOUT 40 YEARS 12. LINGAPPA S/O LATE CHIKKASIDDAPPA AGED ABOUT 71 YEARS 13. SMT. RUKMINI D/O LINGAPPA AGED ABOUT 47 YEARS - 3 - NC: 2025:KHC:9109 WP No. 5931 of 2025 14. SMT.LALITHAMMA D/O LINGAPPA AGED ABOUT 45 YEARS 15. SMT. SARASWATHI D/O LINGAPPA AGED ABOUT 43 YEARS 16. SMT. LAKSHMI D/O LINGAPPA AGED ABOUT 42 YEARS 17. SMT. NAGAVENI D/O LINGAPPA AGED ABOUT 40 YEARS 18. SMT. CHANDRIKA D/O LINGAPPA AGED ABOUT 47 YEARS 19. NARAYANASWAMY S/O LINGAPPA AGED ABOUT 36 YEARS 20. SMT.SHILPA D/O LINGAPPA AGED ABOUT 33 YEARS 21. SMT. SOWMYA D/O LINGAPPA AGED ABOUT 31 YEARS 22. NAGARATHNAMMA D/O LATE CHIKKASIDDAPPA AGED ABOUT 67 YEARS R1 TO R22 ARE R/AT GHATTAHALLI VILLAGE HUSKUR POST, SARJAPURA HOBLI ANEKAL TALUK BENGALURU DISTRICT. 23. P.RAJESH S/O PURUSHOTHAMA REDDY - 4 - NC: 2025:KHC:9109 WP No. 5931 of 2025 AGED ABOUT 53 YEARS R/AT NO.83, OSBRONE ROAD BENGALURU 560 042. 24. V.T.SHENKARANARAYANA REDDY S/O V.S.THIMMAREDDY AGED ABOUT 53 YEARS R/AT VANGALAHALLI, HSR LAYOUT BENGALURU-560 034. 25. RAMANAJANEYA.M S/O. MUNIYAPPA AGED ABOUT 47 YEARS R/AT NO.5, HARIRAMAKRISHNA NILAYA 1ST CROSS, NRI LAYOUT RAMAMURTHY NAGARA BENGALURU - 560 016. 26. S. SUNITHA W/O H.M.PRAKASH AGED ABOUT 55 YEARS R/AT HALANAYAKANAHALLI VILLAGE VARUTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560 035. 27. M. VENKATESH S/O LATE PETE MUNIYAPPA AGED ABOUT 48 YEARS R/AT GHATTAHALLI VILLAGE SARJAPURA HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT. 28. P.S. MANOJ KUMAR S/O LATE V.SHENKARAN PILLAI AGED ABOUT 56 YEARS R/AT NO.405, DEVAMANASAM SUNRISE VILLAS, BELLANDUR MAIN ROAD BENGALURU - 560 103. …RESPONDENTS - 5 - NC: 2025:KHC:9109 WP No. 5931 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS/DIRECTION TO TRIAL COURT TO DISPOSE OFF THE APPLICATIONS IA NO.1 AND 2, IN OS NO.333/2018 ON THE FILE OF THE SENIOR CIVIL AND JMFC ANEKAL, BANGALORE RURAL, AT EARLIEST VIDE AT ANNEXURE-A AND A1 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 ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff, seeking a direction from this Court to the Senior Civil Judge and JMFC, Anekal, Bengaluru Rural District, Bengaluru to dispose of I.A.Nos.I/2018 and II/2018 filed under Order XXXIX Rule 1 and 2 of CPC. 2. Since the petitioner is only seeking a direction to dispose of the said application, service of notice to the respondents is not necessary. - 6 - NC: 2025:KHC:9109 WP No. 5931 of 2025 3. The plaintiff has filed a suit for partition. Along with the plaint, she has filed I.A.Nos.I/2018 and II/2018 seeking temporary injunction restraining defendant Nos.1 and 12 or their agents or any one acting on their behalf from altering the nature of the property or from forming any layout putting up any illegal constructions, and alienating or creating any encumbrance in respect of the suit schedule property, respectively. 4. Learned counsel for the petitioner-plaintiff has submitted that even after summons were served on the respondents-defendants, they appeared through their counsel. However, despite the lapse of six years, the applications have not been disposed of. Therefore, he seeks for a direction to the trial Court to dispose of the said applications, in accordance with the law, as expeditiously as possible. 5. In view of the above, without expressing any opinion on the merit of the case, the writ petition is disposed of. - 7 - NC: 2025:KHC:9109 WP No. 5931 of 2025 6. The Senior Civil Judge and JMFC, Anekal, Bengaluru Rural District, Bengaluru is directed to dispose of I.A.Nos.I/2018 and II/2018 filed by the plaintiff under Order XXXIX Rule 1 and 2 of CPC, in accordance with law, as expeditiously as possible. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 6