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2025 DAILYLAW 22884 (KAR)

SRI GANGAIAH v. SMT SUJATHA

WP/10435/2025 · 2025-04-07

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14644 WP No. 10435 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10435 OF 2025 (GM-CPC) BETWEEN: SRI GANGAIAH S/O SANJEEVAIAH AGED ABOUT 75 YEARS R/AT SHANUBOGANHALLI VILLAGE KASABA HOBLI, MAGADI TALUK RAMANAGAR DISTRICT -562120. …PETITIONER (BY SRI. SRIKANTH B., ADVOCATE) AND: 1. SMT SUJATHA W/O LATE HANUMANTHRAJU AGED ABOUT 46 YEARS 2. MR.SANJAYA S/O LATE HANUMANTHRAJU AGED ABOUT 27 YEARS 3. MRS.SNEHA D/O LATE HANUMANTHRAJU AGED ABOUT 25 YEARS 4. SRI. KRISHNAMURTHY S/O GANGAIAH AGED ABOUT 50 YEARS 5. SMT. JAYALAKSHMI D/O GANGAIAH AGED ABOUT 46 YEARS R1 TO R5 ARE R/AT SHANUBOGANHALLI VILLAGE Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14644 WP No. 10435 of 2025 KASABA HOBLI, MAGADI TALUK RAMANAGAR DISTRICT PIN-562120. 6. SMT.GOURAMMA D/O GANGAIAH AGED ABOUT 44 YEARS R/AT CHIKKAGOLLARAHATTI MAGADI TALUK PIN-562123. 7. SMT. BHAGYAMMA D/O GANGAIAH AGED ABOUT 42 YEARS R/AT YELACHAGUPPE VILLAGE TAVARKERE-POST BANGALORE-SOUTH -562130. 8. SMT. SARASWATHI D/O GANGAIAH AGED ABOUT 40 YEARS R/AT SUNKADAKATTE MAGADI ROAD BANGALORE-560091. 9. SMT.PUSHPALATHA D/O GANGAIAH AGED ABOUT 38 YEARS R/AT YENTAGANAHALLI VILLAGE NELAMANGALA TALUK BANGALORE RURAL DISTRICT -562123. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SENIOR CIVIL JUDGE AND JMFC MAGADI TO CONSIDER THE MEMO DATED: 07.12.2023 AND PASS THE JUDGAMENT AND DECREE IN ACCORDANCE WITH LAW VIDE (ANNEXURE-D) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:14644 WP No. 10435 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 petitioner-defendant No.1, seeking a direction from this Court to the Senior Civil Judge and JMFC, Magadi to dispose of the suit in O.S.No.127/2020 pending before it. 2. Since the petitioner is only seeking a direction to dispose of the suit, service of notice to the respondents is not necessary and the same is dispensed with. 3. Learned counsel for the petitioner-defendant No.1 submits that the plaintiffs have filed the suit for partition. On service of suit summons, the defendants appeared and filed their written statement. The suit is of the year 2020, and even after the lapse of four years, it has not been disposed of. Therefore, the petitioner-defendant No.1 has approached this Court for early disposal of the suit. - 4 - NC: 2025:KHC:14644 WP No. 10435 of 2025 4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. The Senior Civil Judge and JMFC, Magadi is directed to dispose of the suit in O.S.No.127/2020, as expeditiously as possible, not later than one year from the date of receipt of certified copy of this order. 6. Parties are directed to cooperate for early disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 3