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2025 DAILYLAW 19168 (KAR)

SRI VEERABHADRAIAH v. SMT. KHALEEDA BANU

WP/6622/2025 · 2025-03-18

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:11201 WP No. 6622 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6622 OF 2025 (GM-CPC) BETWEEN: SRI VEERABHADRAIAH S/O OF RUDRAIAH AGED ABOUT 95 YEARS R/AT ARAKERE VILLAGE BEGUR HOBLI, BENGALURU SOUTH TQ REP. BY P.A.HOLDER S SRINIVASAMURTHY S/O N.R.S SASTRY AGED ABOUT 67 YEARS R/AT NO.22, 5TH B CROSS SARAKKI MAIN ROAD JP NAGAR 1ST PHASE BENGALURU 560 078. …PETITIONER (BY SRI. RAVISHANKAR G S., ADVOCATE) AND: 1. SMT. KHALEEDA BANU D/O S.K.AHMED JAFFER AGED ABOUT 55 YEARS RESIDING AT NO.51, 5TH CROSS 3RD MAIN, ITI COLONY 1ST PHASE, JP NAGAR BENGALURU 560 078. 2. THE COMMISSIONER, CORPORATION OF THE CITY Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11201 WP No. 6622 of 2025 OF BENGALURU (BCC) BBMP BENGALURU-560002. …RESPONDENTS (BY SRI. MOHAMMED TAHIR.,ADVOCATE FOR R1: SRI. N.R. JAGADEESWARA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE CCH 40 TO EXPEDITIOUSLY PASS ORDERS ON IA NO.16 IN OS NO. 6171/2018 VIDE ANNEXURE-C WITHIN A STIPULATED TIMEFRAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, seeking for a direction to the trial court to dispose of IA No.XVI filed under Order 39 Rules 1 and 2 of CPC in O.S.No.6171/2018. 2. The plaintiff filed a suit for declaration and mandatory injunction. Along with the plaint he filed IA No.XVI under Order XXXIX Rules 1 and 2 of CPC on 05.06.2024. Till today, for one or the other reasons, the matter is being adjourned. Even, after the appearance of - 3 - NC: 2025:KHC:11201 WP No. 6622 of 2025 the defendants, neither ex-parte injunction order has been granted nor final order granted on IA No.XVI. 3. Under these circumstances, the only relief that can be granted in this petition is to direct the trial court to dispose of IA No.XVI expeditiously. 4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the trial court to dispose of IA No.XVI filed under Order XXXIX Rules 1 and 2 of CPC, in accordance with law, after giving opportunity to both the parties, on or before 15.04.2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 43