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2025 DAILYLAW 16975 (KAR)

LOKESH v. BASAVARAJU

WP/6419/2025 · 2025-04-17

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:15901 WP No. 6419 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6419 OF 2025 (GM-CPC) BETWEEN: LOKESH S/O LATE BASAVARAJU AGED ABOUT 44 YEARS GAVALA KATTE VILLAGE ALUR TALUK, HASSAN DISTRICT 573213 …PETITIONER (BY SMT. KAVITHA H C., ADVOCATE) AND: 1. BASAVARAJU S/O LATE JAVARA SHETTY AGED ABOUT 72 YEARS 2. JAYALAKSHMI W/O BORA SHETTY AGED ABOUT 67 YEARS 3. MALLESH S/O LATE JAVARA SHETTY AGED ABOUT 62 YEARS R1 TO R3 ARE R/AT GAVALAKATTE VILLAGE, ALUR TALUK HASSAN DISTRICT 573213. 4. SMT. HEMAVATHI K S W/O SATHISH Y A Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:15901 WP No. 6419 of 2025 AGED ABOUT 44 YEARS R/AT 4TH CROSS, 3RD MAIN ROAD SHANTHINAGARA, SHIVAMOGA. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH JUDGMENT AND DECREE DATED 10/08/2023 IN OS.292/2023 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT HASSAN AS PER ANNEXURE-A AND RESTORE THE OS.292/2023 TO THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT HASSAN AND PERMIT PETITIONER TO LEAD EVIDENCE IN THE SAID PROCEEDINGS AND 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 seeking for a direction to the Prl. Senior Civil Judge and CJM, Hassan, to dispose of Misc.No.38/2023 as expeditiously as possible. 2. The learned counsel for the petitioner has submitted that even though the petitioner herein is an interested party to the suit i.e., O.S.No.292/2023, the respondents- defendants have not made the petitioner as a party to the suit. A compromise petition has been filed by the plaintiff - 3 - NC: 2025:KHC:15901 WP No. 6419 of 2025 and defendants in the suit and the suit has been decreed on 10.08.2023 in terms of the compromise petition. Therefore, the petitioner has filed Misc.No.38/2023 on 11.09.2023 for setting aside the compromise decree passed in O.S.No.292/2023. Till today, no order has been passed in Misc.No.38/2023. Hence, he sought for a direction to dispose of Misc.No.38/2023 as expeditiously as possible. 3. In view of the above, without expressing any opinion on the merits of the case, the Prl. Senior Civil Judge and CJM, Hassan, is directed to dispose of Misc.No.38/2023 in accordance with law and not later than one year from the date of receipt of certified copy of this order. 4. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 12