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2025 DAILYLAW 24554 (KAR)

DIWAKAR K B v. MUNIGANGAIAH

WP/12507/2025 · 2025-04-26

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17342 WP No. 12507 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12507 OF 2025 (GM-CPC) BETWEEN: 1. DIWAKAR K B S/O BETTE GOWDA AGED ABOUT 45 YEARS 2. DAYANAND K B S/O BETTE GOWDA AGED ABOUT 42 YEARS 3. PADMANABHA K B S/O BETTE GOWDA AGED ABOUT 40 YEARS ALL ARE R/AT 17, 2ND FLOOR SRI RANGA NIVASA, 2ND CROSS VINAYAKA NAGARA, BANGALORE-560073. …PETITIONERS (BY SRI. PRASANNA D P., ADVOCATE) AND: 1. MUNIGANGAIAH S/O MAHIMADASAIAH AGED ABOUT 67 YEARS R/AT KENGALKEMPOHALLY VILLAGE SOMPURAHOBLI NELAMANGALA TALUK-560123. 2. BETTEGOWDA S/O MAHIMADASAIAH AGED ABOUT 67 YEARS R/AT 17, GROUND FLOOR Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17342 WP No. 12507 of 2025 SRI RANGANIVASA, 2ND CROSS VINAYAKANAGARA, BANGALORE-560073. 3. MAHIMAGOWDA S/O MAHIMADASAIAH AGED ABOUT 67 YEARS R/AT KENGALKEMPOHALLY VILLAGE SOMPURAHOBLI, NELAMANGALATALUK-560123. 4. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) SPECIAL LAND ACQUISITION OFFICER-II NO.39, SHANTHIGRUHA BHARAT SCOUTS AND GUIDES BUILDING. 4TH FLOOR, PALACE ROAD, BANGALORE-560001. 5. K. BETTEGOWDA S/O LATE. KEMPAMAHIMAIAH AGED ABOUT 50 YEARS R/AT KENGAL KEMPOHALLI SOMPURA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT-5601223. …RESPONDENTS (BY SMT. ANITHA N, AGA FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRAIL COURT TO CONSIDER THE IA NO. 9 FILED UNDER SECTION 151 OF CPC, AS PER ANNEXURE-H IN OS NO. 324/21 ON THE FILE OF SENIOR CIVIL JUDGE NELAMANGALA AS EARLY AS POSSIBLE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17342 WP No. 12507 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 petitioners-plaintiffs, seeking a direction from this Court to the Senior Civil Judge and JMFC, Nelamangala to dispose of I.A.No.9 filed by the plaintiffs under Section 151 of CPC in O.S.No.324/2021, as expeditiously as possible. 2. In view of the prayer sought by the petitioners in this writ petition, service of notice to the respondents is not necessary and the same is dispensed with. 3. The plaintiffs filed the suit for partition and separate possession. During the pendency of the suit, the plaintiffs have filed I.A.No.9 under Section 151 of CPC on 31.03.2023 seeking direction to defendant No.1 to deposit compensation amount of Rs.3,01,62,500/- with interest at 12% per annum before the trial Court. Since no order has been passed on I.A.No.9, the present petition has been filed. - 4 - NC: 2025:KHC:17342 WP No. 12507 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 trial Court is directed to dispose of I.A.No.9 filed by the plaintiffs under Section 151 of CPC in O.S.No.324/2021, in accordance with law, after giving an opportunity to both the parties, as expeditiously as possible, not later than three months from the date of receipt of a certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 24