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2025 DAILYLAW 24376 (KAR)

M.L. SRINIVASAMURTHY v. M.L. MADHUSUDHAN

WP/13562/2024 · 2025-01-15

H T Narendra Prasad

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1465 WP No. 13562 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13562 OF 2024 (GM-CPC) BETWEEN: 1. M.L. SRINIVASAMURTHY SINCE DEAD REPRESENTED BY HIS LR’S SMT. PRABHAVATHI W/O LATE SRINIVASA MURTHY M L AGED ABOUT 65 YEARS HOME MAKER. 2. M S SANTOSH S/O LATE SRINIVASA MURTHY M L AGED ABOUT 45 YEARS EMPLOYEE AND AGRICULTURIST 3. M S SANDEEP S/O LATE SRINIVASA MURTHY M L AGED ABOUT 42 YEARS EMPLOYEE AND AGRICULTURIST ALL ARE R/O J-55, 1ST CROSS BEHIND KANTEERAVA PRESS PARK EXTENSION DURGIGUDI SHIVAMOGGA AND THEY ARE REPRESENTED BY THEIR GENERAL POWR OF ATTORNEY HOLDER PRAMOD A V S/O A N VASANTHA MADHAVA RAO AGED ABOUT 42 YEARS, AGRICULTURIST R/O LAKSHMIVENKATESHA KRUPA 2ND CROSS, KEERTINAGARA SHIVAMOGGA CITY-577204. …PETITIONERS (BY SRI. S V PRAKASH.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1465 WP No. 13562 of 2024 AND: 1. M.L. MADHUSUDHAN S/O LATE M R LAKSHMAIAH AGED ABOUT 80 YEARS OCC AGRICULTURIST R/O TOTADAMANE MADARIPALYA,NIDIGIE I HOBLI URUGADURU, SHIVAMOGGA CITY 577204. 2. GOPI M M S/O M L MADHUSUDHAN AGED ABOUT 53 YEARS OCC BUSINESSMAN R/O TOTADAMANE MADARIPALYA, NIDIGE I HOBLI URUGADURU, SHIVAMOGGA CITY 577204. 3. M L NANDAKUMAR S/O M R LAKSHAMAIAH AGED ABOUT 70 YEARS OCC AGRICUTURIST R/O MADARIPALYA, NIDIGE I HOBLI URUGADURU, SHIVAMOGGA CITY 577204. 4. S N RAKESH S/O M L NANDAKUMAR AGED ABOUT 40 YEARS OCC SOFTWARE ENGINEER R/O MADARIPALYA NIDIGE I HOBLI, URUGADURU SHIVAMOGGA CITY 577204 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 15.4.24 ON IA NO. V IN OS NO. 620/2020 ON THE FILE OF LEARNED V. ADDL. CIVIL JUDGE AND JMFC, SHIVAMOGGA AND ALSO PRAYS FOR AN ORDER DIRECTING THE COURT OF - 3 - NC: 2025:KHC:1465 WP No. 13562 of 2024 LEARNED V. ADDL. CIVIL JUDGE AND JMFC, SHIVAMOGGA PRODUCED AS ANNEXURE-H TO THE WRIT PETITION 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 1. This petition is filed by the petitioners-plaintiff under Article 227 of the Constitution of India. 2. The learned counsel for the petitioners has contended that the petitioners will not press for the reliefs sought in the writ petition. However, he only seeks for a direction to the Trial Court to dispose of the suit as expeditiously as possible. 3. The submission of the learned counsel for the petitioners is taken on record. 4. The original plaintiff has filed the suit for permanent injunction in the year 2020. Thereafter, the plaintiff has filed I.A.No.5 on 15.04.2024 for early disposal of the suit. - 4 - NC: 2025:KHC:1465 WP No. 13562 of 2024 Since no order has been passed by the Trial Court, the petitioners are before this Court seeking for a direction to the Trial Court to dispose of the suit as expeditiously as possible. 5. Under the circumstances, without expressing any opinion on the merits of the case, the Trial Court is directed to dispose of the suit as expeditiously as possible and in accordance with law, not later than eight months from the date of receipt of copy of this order. Parties are directed to cooperate for early disposal of the matter. 6. Accordingly, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 79