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High Court of Karnataka · body

2025 DAILYLAW 22337 (KAR)

SMT GOWRAMMA v. SHRI N MAHESH

WP/10683/2025 · 2025-06-16

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:20543 WP No. 10683 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10683 OF 2025 (GM-CPC) BETWEEN: 1. SMT. GOWRAMMA, AGED ABOUT 68 YEARS, W/O. LATE KRISHNEGOWDA, 2. SMT. SAVITHA, AGED ABOUT 48 YEARS, D/O. LATE KRISHNEGOWDA 3. SHRI. NAGARAJU, AGED ABOUT 46 YEARS, S/O. LATE KRISHNEGOWDA 4. SHRI. SOMU, AGED ABOUT 43 YEARS, S/O. LATE KRISHNEGOWDA, ALL THE PETITIONERS FROM 1 TO 4 ARE RESIDING AT DASANAKOPPALU VILLAGE, JAYAPURA HOBLI, MYSORE TALUK - 570 026. …PETITIONERS (BY SRI. PALLAVA R, ADVOCATE) AND: 1. SHRI. N. MAHESH, AGED ABOUT 49 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20543 WP No. 10683 of 2025 S/O. LATE NARASIMHAIAH, 2. SHRI. N. RAJU AGED ABOUT 60 YEARS, S/O. LATE NARASIMHAIAH, 3. SMT. DEVAMMA AGED ABOUT 82 YEARS, W/O LATE NARASIMHAIAH 4. SHRI. KUMAR AGED ABOUT 42 YEARS, S/O. LATE SHIVANNEGOWDA, ALL THE RESPONDENTS NO. 1 TO 4 ARE RESIDING AT DASANAKOPPALU VILLAGE, JAYAPURA HOBLI, MYSORE TALUK - 570 026. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE II ADDITIONAL CIVIL JUDGE AND JMFC MYSORE (CONCURRENT CHARGE XI ADDITIONAL CIVIL JUDGE AND JMFC MYSORE) TO CONCLUDE THE TRIAL OF O.S.NO. 1855/2016 WHICH IS GIVEN HEREIN AT ANNX-A WITHIN A TIME FRAME TO BE FIXED BY THIS HONBLE COURT. - 3 - HC-KAR NC: 2025:KHC:20543 WP No. 10683 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners - defendants are before this Court seeking the following prayers: "(a) Issue a Writ of Mandamus or any other appropriate Writ or Order and direct the II Additional Civil Judge and J.M.F.C, Mysore (concurrent charge XI Additional Civil Judge and J.M.F.C., Mysore) to conclude the trial of O.S.No.1855/2016 which is given herein at ANNEXURE - 'A' within a time grame to be fixed by this Hon'ble Court; (b) pass any other or further orders as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity." 2. The learned counsel appearing for the petitioners submits that the suit is of the year 2016. Issues are framed in the year 2020 and the trial has not progressed for the last five years and therefore has filed the subject petition seeking the direction of the concerned Court to dispose the O.S. No.1855/2016, within a time frame. The prayer is innocuous. Therefore, no notice is issued to the respondents. - 4 - HC-KAR NC: 2025:KHC:20543 WP No. 10683 of 2025 3. In the light of the suit languishing for the last nine years and the suit being one for declaration, I deem it appropriate to direct the concerned Court to dispose the O.S. No.1855/2016, within an outer limit of six months from the date of receipt of the copy of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 13 CT: BHK