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2025 DAILYLAW 24804 (KAR)

SMT MAHADEVAMMA v. SMT SANNARAJAMMA

WP/14597/2025 · 2025-06-30

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:23088 WP No. 14597 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14597 OF 2025 (GM-CPC) BETWEEN: 1. SMT. MAHADEVAMMA, W/O LATE POOJARI BASAVALINGAPPA, AGED ABOUT 88 YEARS, 2. SRI. BASAVARAJU, S/O LATE POOJARI BASAVALINGAPPA, AGED ABOUT 61 YEARS, 3. SMT. NANJAMMA, W/O SHIVANNA, D/O LATE POOJARI BASAVALINGAPPA, AGED ABOUT 61 YEARS, 4. SMT. SHIVAMMA, W/O LATE BHUJANGAPPA, D/O LATE POOJARI BASAVALINGAPPA, AGED ABOUT 54 YEARS, 5. SRI. NAGARAJU, S/O LATE POOJARI BASAVALINGAPPA, AGED ABOUT 50 YEARS, ALL ARE R/AT NO. 14, NEAR BASAWESHWARA TEMPLE, MANIKYAPURA VILLAGE, D.M.G HALLI POST, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23088 WP No. 14597 of 2025 ILAWALA HOBLI, MYSURU TALUK - 570 026. …PETITIONERS (BY SRI. RAVISHANKAR S, ADVOCATE) AND: 1. SMT. SANNARAJAMMA, W/O LATE M.C. BASAVARAJU @ M.C.P BASAVARAJAPPA, AGED ABOUT 48 YEARS, 2. KUM. NIRANJINI B, D/O LATE M.C. BASAVARAJU @ M.C.P BASAVARAJAPPA, AGED ABOUT 20 YEARS 3. SRI. NIJAGUNA B, S/O LATE M.C. BASAVARAJU @ M.C.P BASAVARAJAPPA, AGED ABOUT 18 YEARS R 4. SRI. KADABASAPPA S/O LATE PUJARI CHANNABASAPPA, AGED ABOUT 62 YEARS, 5. SRI. MAHADEVAPPA, S/O LATE PUJARI CHANNABASAPPA AGED ABOUT 52 YEARS, RESPONDENT NO.1 TO 5 R/AT NEAR BASAWESHWARA TEMPLE, MANIKYAPURA VILLAGE, D.M.G HALLI POST, ILAWALA HOBLI, MYSURU TALUK - 570 026. - 3 - HC-KAR NC: 2025:KHC:23088 WP No. 14597 of 2025 6. SMT. BASAMMANNI, W/O YADALLI MALLAPPA, AGED ABOUT 53 YEARS, YEDAHALLI VILLAGE , JAYAPURA HOBLI, MYSURU TALUK - 570 001. 7. SMT. GOWRAMMA, W/O SIDDARAJU, AGED ABOUT 47 YEARS, PADUVARAHALLI, MYSURU - 570 001. 8. SMT. KEMPAMMA, AGED ABOUT 38 YEARS, MARRAYYAINA HUNDI, ILAWALA HOBLI, MYSURU TALUK - 571 130. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE IV ADDL SENIOR CIVIL JUDGE, AT MYSURU TO CONCLUDE THE PROCEEDING IN FDP 39/2017 VIDE ANNX-D WITHIN A REASONABLE TIME BY ALLOWING THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.Ravishankar.S, learned counsel appearing for the petitioners and have perused the material on record. - 4 - HC-KAR NC: 2025:KHC:23088 WP No. 14597 of 2025 2. The petitioners are before this Court, seeking the following prayer: "i) issue a Writ of Mandamus directing the IV Additional Senior Civil Judge, at Mysuru to conclude the proceeding in FDP No.39/2017 vide Annexure-D within a reasonable time by allowing this writ petition. ii) issue any other suitable writ, order or direction that this Honourable Court deem fit under the circumstances of the case." 3. A suit in O.S.No.1386/2006 comes to be decreed on 18.07.2011, upon which, the final decree proceedings are instituted by these petitioners in the year 2017. The same is said to be pending even as on date and has not moved further. It is therefore the petitioners are before this Court seeking a direction for expeditious disposal of the final decree proceedings. 4. Though the Apex Court would direct that unless exceptional circumstances would ensue, the Court should not direct the concerned Courts to dispose the matters within a time frame. The subject petition comes within those exceptions, as the suit is of the year 2006 and the decree is of the year 2011 and final decree proceedings have commenced in the year - 5 - HC-KAR NC: 2025:KHC:23088 WP No. 14597 of 2025 2017, eight years ago. The learned counsel for the petitioners submits that the Commissioner has already filed his report of partition of the property. 5. In that light, I deem it appropriate to direct the concerned Court to dispose FDP.No.39/2017 within an outer limit of three months from the date of receipt of a copy of this order, if not earlier. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE rv List No.: 2 Sl No.: 10 CT: BHK