Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12821 WP No. 6406 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6406 OF 2025 (GM-CPC) BETWEEN:
1. SMT. C R AMBIKA W/O LATE K. G. ESHWARAPPA AGED ABOUT 82 YEARS
2. SMT.VEENA D/O K.G.ESHWARAPPA W/O MAHESH AGED ABOUT 61 YEARS
3. SMT. REKHA K.G D/O K.G. ESHWARAPPA W/O B.M.SHESHIDARA AGED ABOUT 58 YEARS ALL ARE R/O NO.19, 5TH CROSS BASAVANGUDI, SHIMOGGA TOWN AND TALUK-577201. …PETITIONERS (BY SRI. M S NAGARAJA., ADVOCATE) AND:
1. VEERENDRA S N S/O SUBHADRAMMA AGED ABOUT 37 YEARS AGRICULTURALIST R/O KANKANAHALLI VILLAGE NYAMATHI TALUK, DAVANAGERE DISTRICT-577223. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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NC: 2025:KHC:12821 WP No. 6406 of 2025
2. VEEDAMURTHY S/O SUBHADRAMA AGED ABOUT 34 YEARS AGRICULTURIST R/O KANKANAHALLI VILLAGE NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 3. MAMATHA @ VIJAYALAKSHMI D/O LATE NAGARAJAPPA (UJJAPPA MASTRU MANE) AGED ABOUT 30 YEARS HOUSE KEEPER R/O BELAGUTHI VILLAGE NYAMATHI TALUK DAVANAGERE DISTRICT- 577223. 4. SMT. YASHODAMMA D/O K.G SHEKHARAPPA W/O T. RUDRAIATH AGED ABOUT 62 YEARS R/O SUGURU VILLAGE SHIVAMOGGA TQ & DISTRICT-577201. 5. K. G. SATHISH PATIL S/O LATE K.G SHEKHARAPPA AGED ABOUT 42 YEARS AGRICULTURIST R/O KANAKANAHAILLI VILLAGE NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 6. SMT. KAMALAMMA D/O LATE SMT.CHANDAMMA W/O NAGARAJAPPA M.B AGED ABOUT 67 YEARS R/O SALUR VILLAGE
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NC: 2025:KHC:12821 WP No. 6406 of 2025
SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577427. 7. SRI. PALAKSHAPPA AGED ABOUT 65 YEARS S/O LATE SMT. CHANDAMMA R/O NEAR VISHWAKARMA KALYANA MANDIRA SHIVAMOGGA TOWN-577201. 8. SMT. MEENAKSHAMMA D/O LATE SMT. CHANDAMMMA W/O MALLESHAPPA D.P.
AGED ABOUT 62 YEARS R/O SOGILU VILLAGE NYAMATHI TQ-577223. 9. SMT. SUSHEELAMMA D/O LATE SMT. CHANDAMMA W/O LATE SHIVAPPA AGED ABOUT 57 YEARS R/O SOWLANAGA VILLAGE NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 10. SRI CHANDRASHEKHARAPPA S/O LATE SMT. CHANDAMMA AGED ABOUT 52 YEARS R/O CHATNAHALLI VILLAGE NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 11. SMT. GOWRAMMA D/O LATE SMT. SHARADAMMA AGED ABOUT 66 YEARS R/O TAVARACHATNAHALLI VILLAGE SHIVAMOGGA TALUK AND DISTRICT-577201. - 4 -
NC: 2025:KHC:12821 WP No. 6406 of 2025
12. SRI. MAHESHWARAPPA S/O LATE SMT. SHARADAMMA AGED ABOUT 65 YEARS R/O NO.31, MURUDA BASAVESHWARA KRUPA MATHOD CROSS, VINOD FORNANDISE LAYOUT. ABBALAGERE POST. RATHNAKARA NAGARA SHIVAMOGGA TOWN AND TALUK-577201 . 13. SMT. YASHODAMMA D/O LATE SMT.
SHARADAMMA W/O K.G BASAVARAJAPPA AGED ABOUT 60 YEARS R/O KANKANAHALLI VILLAGE NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 14. SMT. USHA D/O LATE SMT SHARADAMMA W/O LATE NAGENDRAPPA AGED ABOUT 57 YEARS R/O MANGANAKOPPA CHATNAHALLI VILLAGE NYAMATHI TALUK-577223. 15. SRI. NAGARAJA S/O LATE SMT SHARADAMMA AGED ABOUT 54 YEARS R/O CHATNAHALLI VILLAGE NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 16. SRI. MALLIKARJUNA S/O LATE SMT. SHARADAMMA AGED ABOUT 50 YEARS R/O CHATNAHALLI VILLAGE NYAMATHI TALUK DAVANAGERE DISTRICT-577223. - 5 -
NC: 2025:KHC:12821 WP No. 6406 of 2025
17. SMT. BASAMMA D/O LATE GURULINGAPPA W/O PARAMESHWARAPPA AGED ABOUT 78 YEARS HOUSE WIFE R/O NO.21, NANDISHWARA NILAYA 2ND CROSS, CHANNAPPA LAYOUT SHIVAMOGGA TOWN,TALUK AND DISTRICT-577201
18. SMT. JAYAMMA A.C D/O LATE GURULINGAPPA W/O LATE CHANDRAPPA. A AGED ABOUT 80 YEARS R/O NO. 38, 2ND MAIN KEB LAYOUT, BTM 1ST STAGE BANGALORE SOUTH DHARMARAM COLLEGE POST BANGALORE-560029. 19. SRI. K.G SHADAKSHARAPPA S/O PATEL VEERAPPA AGED ABOUT 62 YEARS AGRICULTURIST R/O SWETHA SECULAR SYSTEMS NAVULE AREA, SHIVAMOGGA TOWN TALUK AND DISTRICT- 577201. 20. SRI. T. RUDRAIAH S/O LATE MALLIKARJUNAIAH AGED ABOUT 70 YEARS AGRICULTURIST R/O SUGURU VILLAGE SHIVAMOGGA TALUK AND DISTRICT-577223. 21. SRI. K.G. SHRIDHARA S/O K.G SATHISH AGED ABOUT 26 YEARS AGRICULTURIST
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NC: 2025:KHC:12821 WP No. 6406 of 2025
R/O KANKANAHALLI VILLAGE NYAMATHI TALUK DAVANAGERE DISTRICT-577223. 22. SMT. K. G, MANJULA W/O K. G. SATHISH AGED ABOUT 44 YEARS HOUSE WIFE R/O KANKANAHALLI VILLAGE NYAMATHI TALUK DAVANAGERE DISTRICT-577223. …RESPONDENTS (NOTICE TO R1 TO R3 AND R6 TO R19 ARE SERVED AND UNREPRESENTED NOTICE TO R5, R21 & R22 ARE HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED SENIOR CIVIL JUDGE AND JMFC HARIHARA AND ITINERARY COURT AT HONNALI TO DISPOSE THE SUIT FILED BY THE PETITIONERS IN O.S.NO.155/2022 WITHIN A TIME LIMIT OF ONE YEAR BY CONSIDERING THE AGE FACTOR OF THE PETITIONERS VIDE ANNEXURE- A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:12821 WP No. 6406 of 2025
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 petitioners-plaintiffs seeking for a direction to the Trial Court to dispose of O.S.No.155/2022 pending on the file of Senior Civil Judge and JMFC, Harihar.
2. Plaintiffs have filed the suit for partition and separate possession. On service of suit summons, the defendants have appeared through counsel and filed written statement. On the basis of the pleadings of the parties, the Trial Court has framed issues. The matter is posted for evidence of parties. Since the plaintiff No.3 is aged about 83 years, the plaintiffs have filed this petition seeking for early disposal of the suit.
3. Notice issued to the respondents herein by hand summons is served and they are unrepresented.
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NC: 2025:KHC:12821 WP No. 6406 of 2025
4. Be that as it may. Without expressing any opinion on the merits of the case, the Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible, not later than one year from the date of receipt of certified copy of this order.
5. With the above observation, the writ petition is
disposed of.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM LIST NO.: 1 SL NO.: 36