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2025 DAILYLAW 17621 (KAR)

SRI.ASHOK R JAIN v. SRI P MURALIDHARA SHASTRI

WP/5617/2025 · 2025-03-04

H T Narendra Prasad

body2025

Judgment text

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- 1 - NC: 2025:KHC:9110 WP No. 5617 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. 5617 OF 2025 (GM-CPC) BETWEEN: SRI.ASHOK R JAIN S/O. SRI. RIKABCHAND JAIN AGED ABOUT 58 YEARS RESIDING AT NUMBER 401 PANCHASHEEL APARTMENT THIRD FLOOR, THIRD CROSS GANDHINAGAR, BANGALORE- 560009. …PETITIONER (BY SRI. D N MANJUNATH.,ADVOCATE) AND: 1. SRI P MURALIDHARA SHASTRI S/O. SRI. P NARAYANA SHASTRI AGED ABOUT 56 YEARS RESIDING AT NO. 1-1-81, ABHADPET OPPOSITE 2ND WARD SCHOOL HINDUPURA, ANANTHAPURAM DISTRICT ANDHRA PRADESH-515201. 2. SRI. SYED AHMED S/O. LATE SYED KALUSABI SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS MRS. MUMTAZ BEGUM W/O. LATE SYED AHMED SINCE DEAD REPRESENTED Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9110 WP No. 5617 of 2025 BY HER LEGAL HEIRS 3. MRS. SYED JILANI D/O. LATE SYED AHMED AGED ABOUT 60 YEARS 4. MR. MOHAMMED ALI S/O. LATE SYED AHMED AGED ABOUT 50 YEARS 5. MR. SHAMMA S/O. LATE SYED AHMED AGED ABOUT 43 YEARS 6. MR. SYED ILAHI S/O. LATE SYED AHMED AGED ABOUT 41 YEARS 7. MRS. KUSHID BEGUM D/O. LATE SYED AHMED AGED ABOUT 38 YEARS R2 IS THE WIFE OF LATE SYED AHMED AND R3 TO 7 ARE THE SONS AND DAUGHTERS OF LATE SYED AHMED WHO ARE THE ONLY LR’S AND ALL ARE R/AT NO. 19 BELLAHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK. 8. PRAMOD KUMAR GHYANCHAND S/O.GHYANCHAND JAIN SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS SMT. GITANJALI GHYANCHAND W/O. GHYANCHAND JAIN - 3 - NC: 2025:KHC:9110 WP No. 5617 of 2025 AGED ABOUT 71 YEARS 9. SMT. USHA PRAMOD KUMAR W/O. PRAMOD KUMAR GHYANCHAND AGED ABOUT 52 YEARS 10. MISS MUSKAN PRAMOD KUMAR D/O. PRAMOD KUMAR GHYANCHAND AGED ABOUT 27 YEARS 11. MISS KASHISH PRAMOD KUMAR D/O. PRAMOD KUMAR GHYANCHAND AGED ABOUT 21 YEARS R9 IS THE MOTHER OF R10 TO R12 ARE THE WIFE AND CHILDREN OF LATE PRAMOD KUMAR GHYANCHAND WHO ARE THE ONLY LR’S OF LATE PRAMOD KUMAR GHYANCHAND AND ALL ARE R/AT NO. 2/1 NORTH PARK ROAD KUMARA KRUPA ROAD CROSS OPPOSITE TO GANDHI BHAVAN BANGALORE – 560001. 12. SRI. KAMALESH KUMAR S/O. MANIKCHAND AGED ABOUT 46 YEARS RESIDING AT NO. 1 RADHA KRISHNA APARTMENTS BASAPPA ROAD, SHANTINAGAR BANGALORE-560027. 13. SRI. SOMASHEKAR S/O. SRI. GOPALA KRISHNAMURTHY AGED ABOUT 80 YEARS R/AT NUMBER 1 (ONE) - 4 - NC: 2025:KHC:9110 WP No. 5617 of 2025 RADHA APARTMENT, BASAPPA ROAD SHANTHINAGAR, BANGALORE-560027 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE HONBLE III ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE TO DISPOSE OFF THE SUIT FILED IN OS 1485/2012 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/plaintiff No.4, seeking a direction from this Court to the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru to dispose of the suit filed in O.S.No.1485/2012 as expeditiously as possible. 2. Since the petitioner is only seeking a direction to dispose of the said application, service of notice to the respondents is not necessary. - 5 - NC: 2025:KHC:9110 WP No. 5617 of 2025 3. Learned counsel for the petitioner has submitted that the petitioner filed the suit for declaration and injunction in the year 2012. The respondents-defendants, for one or the other reason, are unnecessarily dragging the matter. Therefore, the plaintiffs approached this Court to dispose of the suit. This Court, in W.P.No.16296-299/2016, disposed of the case on 07.04.2016, directing the trial Court to dispose of the suit on merits. Thereafter, even in W.P.No.50312/2019, disposed of on 05.11.2019, this Court directed the trial Court to dispose of the suit within an outer limit of one year. Even after the expiry of one year, the trial Court has not disposed of the suit. This Court, again in MFA No.1053/2016, disposed of on 25.08.2022, directing the trial Court to dispose of the suit as expeditiously as possible. Furthermore, in W.P.No.42435/2017, disposed of on 24.07.2024, this Court again directed the trial Court to dispose of the suit as expeditiously as possible, not later than eight months. In spite of the orders of this Court, the trial Court has not - 6 - NC: 2025:KHC:9110 WP No. 5617 of 2025 disposed of the suit. Hence, he seeks one more direction from this Court to dispose of the suit. 4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. The III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru is directed to dispose of the suit, in accordance with law, as expeditiously as possible, not later than six months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 8