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2025 DAILYLAW 21953 (KAR)

MRS GRACY JOSEPH v. MR K T FRANCIS

WP/10330/2025 · 2025-06-02

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18459 WP No. 10330 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO.10330 OF 2025 (GM-CPC) BETWEEN: MRS. GRACY JOSEPH W/O. K P JOSEPH AGED ABOUT 55 YEARS R/AT 174, VAKIL GARDEN CITY THALAGATTAPURA KANAKAPURA ROAD BANGALORE-560 062. …PETITIONER (BY SRI. SUMIT CHATTERJEE, ADVOCATE) AND: MR. K T FRANCIS AGED ABOUT 49 YEARS S/O. K.V. THOMAS NO.89/3, 13TH MAIN 1ST CROSS, BEGUR ROAD HONGASANDRA, BANGALORE-560 068. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE SENIOR CIVIL JUDGE AND JMFC, ANEKAL TO EXPEDITIOUSLY PASS ORDERS ON THE PETITIONER'S MEMO DTD. JANUARY 11, 2024 (ANNEXURE-D) AND CONSEQUENTLY DISPOSE OF FDP NO.3/2019 IN A TIME BOUND MANNER ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18459 WP No. 10330 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court seeking the following prayers: "a) Issue a Writ of Mandamus directing the Senior Civil Judge and Jmfc, Anekal to expeditiously pass orders on the Petitioner's Memo dated January 11, 2024 (Annexure-D) and consequently dispose of FDP No.3/2019 in a time-bound manner (Annexure-B); and b) Pass such other order or grant such other relief/s as this Hon'ble Court deems fit, in the interest of justice and equity." 2. It transpires that the proceedings are pending before the concerned court in Final Decree Proceedings No.3/2019 wherein the learned counsel for the petitioner submits that against the claim of the petitioner, 21 individuals were allegedly strangers, had filed impleading applications before the concerned court with regard to the fact that they were holders of the sale deeds of the property that the petitioner is now wanting. Learned counsel for the petitioner would further submit that the petitioner has filed a memo on 11.01.2024 before the concerned court bifurcating those properties and identifying the properties i.e., the unsold sites. - 3 - HC-KAR NC: 2025:KHC:18459 WP No. 10330 of 2025 Therefore, the memo is to be disposed expeditiously. The concerned court after the filing of the memo has not proceeded further, is the submission of the learned counsel for the petitioner. 3. In that light and the fact that the prayer being innocuous, I deem it appropriate to direct the concerned court to dispose the memo so filed by the petitioner on 11.01.2024 within an outer limit of four weeks from the date of receipt of the copy of the order, in accordance with law. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 21