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2025 DAILYLAW 19757 (KAR)

SMT VASANTHA v. SRI B RAMESH

WP/6814/2025 · 2025-03-07

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9866 WP No. 6814 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6814 OF 2025 (GM-CPC) BETWEEN: SMT VASANTHA D/O LATE BORAIAH AGED ABOUT 52 YEARS R/AT NO 35, SRI SAI NILAYA OPPOSITE SCHOOL OF INDIA JAYARAM LAYOUT, BANNERGHATTA BANGALORE-560083 …PETITIONER (BY SMT. NAYANA TARA B.G., ADVOCATE) AND: 1. SRI B RAMESH S/O LATE BORAIH AGED ABOUT 53 YEARS R/AT THOTADHAMANE 7TH CROSS, ANJANADRI NAGAR SHETTIHALLI VILLAGE JALLAHALLI WEST BANGALORE - 560015. 2. SRI. B. SURESH S/O LATE BORAIAH AGED ABOUT 47 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9866 WP No. 6814 of 2025 3. SMT. LAKSHAMAMMA W/O LATE BORIAH AGED ABOUT 73 YEARS. 4. SMT. H C SHILPA W/O SRI SURESH B AGED ABOUT 36 YEARS R2 TO R4 ARE R/AT NO.165/3 BYRAVESHWARA NAGAR 5TH CROSS ROAD SHETTYHALLI VILLAGE JALAHALLI WEST POST YESHTWANTHPURA HOBLI BANGALORE- 560015. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE DIRECTION OR ORDER OF SIMILAR NATURE DIRECTING LXII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-63), BANGALORE TO HEAR AND PASS ORDERS ON I.A. NO.19 PREFERRED BY THE PETITIONER/PLAINTIFF AT ANNEXURE-D IN O.S NO.6314 OF 2017 EXPEDITIOUSLY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition, the petitioner sought for a direction to LXII Additional City Civil and Sessions Judge, Bengaluru for early disposal of IA No.XIX filed by the - 3 - NC: 2025:KHC:9866 WP No. 6814 of 2025 plaintiff in O.S.No.6314/2017 filed under Order XXXIX Rules 1 and 2 of CPC. 2. Considering the prayer sought in this writ petition, issuance of notice to the respondents is not necessary. 3. The plaintiff filed a suit for partition and separate possession. Along with the plaint, she filed IA No.XIX under Order XXXIX Rules 1 and 2 of CPC, restraining the defendant Nos. 3 to 5 from putting up any construction on the suit schedule property. The application was filed on 26.10.2024. After service of notice to the defendants, the defendants appeared and filed the written statement, the matter was adjourned for one or the other reason. The trial court has not disposed of the said application. Hence, she sought for early disposal of the application. 4. In view of the above, without expressing any opinion on the merits of the case, the trial court is directed to dispose of IA No. XIX, as expeditiously as possible, not later than 25.03.2025. - 4 - NC: 2025:KHC:9866 WP No. 6814 of 2025 5. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 30