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2025 DAILYLAW 23459 (KAR)

SRI H NANDISH KATE v. SRI N B SHIVASHANKAR

WP/11203/2025 · 2025-04-29

H T Narendra Prasad

body2025

Judgment text

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- 1 - NC: 2025:KHC:17799 WP No. 11203 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11203 OF 2025 (GM-CPC) BETWEEN: SRI H NANDISH KATE S/O HANUMANTH RAO KATE AGED ABOUT 37 YEARS R/AT NO.128, CHAKKALUR VILLAGE CHANNAPATNA TALUK, RAMANAGAR. …PETITIONER (BY SRI. CHOKKAREDDY., ADVOCATE) AND: 1. SRI N B SHIVASHANKAR S/O LATE N.L.BYREGOWDA AGED ABOUT 60 YEARS R/AT NO.215, ‘C’ CROSS 2ND PHASE, WOC ROAD MAHALAKSHMIPURAM BANGALORE - 560 086. 2. SRI. N.B.GURUDEV S/O LATE N.L.BYREGOWDA AGED ABOUT 58 YEARS R/AT NO.4, FTI COLONY NEAR WATER TANK NANDINI LAYOUT BANGALORE 560 096. 3. SRI. N.B.VIJAYAKUMAR S/O LATE N.L.BYREGOWDA AGED ABOUT 53 YEARS R/AT FLAT NO.T-19 KRISHNA DWELLING RONG Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17799 WP No. 11203 of 2025 ’B’ BLOCK, DEVI NAGARA MAIN ROAD RMV 2ND STAGE, BANGALORE 560 094. 4. SMT. N.B.MAHALAKSHMI W/O SRI.H.B.VENKATESH D/O N.L.BYREGOWDA AGED ABOUT 55 YEARS R/AT NO.4, FTI COLONY NEAR WATER TANK NANDINI LAYOUT BANGALORE - 560 096. 5. SRI.V.BASAVARAJ S/O VEERABADHRAPPA AGED ABOUT 64 YEARS R/AT NO.37/2, RAGHAVENDRA COLONY CHAMARAJPET, BANGALORE 560 018. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE DIRECTION FOR SPEEDY DISPOSAL OF IA NO. 10 APPLICATION FILED UNDER ORDER 7 RULE 11(B) OF CPC IN OS NO. 5257/2020 PENDING IN ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-23) BY ALLOWING THE WRIT PETITION VIDE ANNEXURE-A 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 This writ petition is filed by defendant No.2 under Article 227 of the Constitution of India, seeking the following relief: “Issue a writ of mandamus or any direction for speedy disposal of Annexure-A – IA No.10 – - 3 - NC: 2025:KHC:17799 WP No. 11203 of 2025 application under Order 7 Rule 11(b) of CPC filed in O.S.No.5257/2020 pending on the file of Additional City Civil and Sessions Judge, Bangalore (CCH-23).” 2. In view of the nature of relief sought for by the petitioner, notice to the respondents is dispensed with. 3. The plaintiff filed a suit for declaration and injunction. After service of summons, defendant No.2 filed IA No.10 under Order 7 Rule 11(b) of CPC on 27.05.2024. The plaintiffs also filed objections to IA No.10 on 20.06.2024. 4. The learned counsel for the petitioner/defendant No.2 submits that both the parties were heard on the application, but no order has been passed. Hence, he sought for an early disposal of the application. 5. In view of the above, without expressing any opinion on the merits of the case, the trial court is directed to consider the application filed by defendant No.2 under Order 7 Rule 11(b) of CPC, as expeditiously as possible, at any rate, by the end of June 2025. - 4 - NC: 2025:KHC:17799 WP No. 11203 of 2025 6. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 91