- 1 - NC: 2025:KHC-D:1487 WP No. 100451 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100451 OF 2025 (GM-CPC) BETWEEN: 1. S. LAKSHMI KANTHAM W/O. LATE P. RAGHU OBALA REDDY, AGE: 37 YEARS, OCC: DENTIST, R/O. DOOR NO.3-445, SUNANDAPETE, ANANTHAPARTHI TOWN, EAST GODAVARI DISTRICT, ANDHRA PRADESH, PRESENTLY RESIDING AT LAUN CYSTON, TASMANIA, AUSTRALIA. REPRESENTED BY GPA HOLDER, MR. SATHI VEERAGHAVA REDDY, AGE: 62 YEARS. 2. KUMARI PALLE NAMAHA D/O LATE P. RAGHU OBALA REDDY, AGE: 14 YEARS, OCC: STUDENT, R/O. DOOR NO.3-445, SUNANDAPETE, ANANTHAPARTHI TOWN, EAST GODAVARI DISTRICT, ANDHRA PRADESH, PRESENTLY RESIDING AT LAUN CYSTON, TASMANIA, AUSTRALIA. SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER SMT. S. LAKSHMI KANTHAM W/O. LATE P. RAGHU OBALA REDDY. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.27 16:33:50 +0530 - 2 - NC: 2025:KHC-D:1487 WP No. 100451 of 2025 3. CHI. PALLE NANDAN S/O. LATE P. RAGHU OBALA REDDY, AGE: 07 YEARS, OCC: STUDENT, R/O. DOOR NO.3-445, SUNANDAPETE, ANANTHAPARTHI TOWN, EAST GODAVARI DISTRICT, ANDHRA PRADESH, PRESENTLY RESIDING AT LAUN CYSTON, TASMANIA, AUSTRALIA. SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER SMT. S. LAKSHMI KANTHAM W/O LATE P. RAGHU OBALA REDDY. …PETITIONERS (BY SRI. ANOOP G. DESHPANDE, ADVOCATE) AND: SMT. P. SHASHIDEVI W/O. P. RAM MOHAN REDDY, AGE: 67 YEARS, OCC: HOUSEWIFE, R/O. FLAT NO.104, SIDDARTHA ENCLAVE, AMARAVATHI, HOSAPETE-583201. …RESPONDENT (NOTICE TO RESPONDENTS DISPENSED WITH V/O/D 25/01/2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER BY DIRECTING THE SENIOR CIVIL JUDGE AND JMFC HOSAPETE TO FRAME THE ISSUES IN O.S.NO.70/2023 AS PER ANNEXURE-E AS EARLY AS POSSIBLE IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE CONSEQUENTIAL WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER BY DIRECTING THE SENIOR CIVIL JUDGE AND JMFC, HOSAPETE TO DISPOSE THE O.S.NO.70/2023 WITHIN A PERIOD OF SIX MONTHS IN ACCORDANCE WITH THE ORDER DATED 06.11.2023 AS PER ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY; PASS ANY OTHER ORDER OR DIRECTION WHICH DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1487 WP No. 100451 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondent is dispensed with in view of the proposed order to be passed. 2. The petitioners are before this Court seeking for the following reliefs: a) Issue writ of mandamus or any other writ or order by directing the senior Civil Judge and JMFC Hosapete to frame the issues in O.S.No.70/2023 as per Annexure-E as early as possible in the interest of justice and equity; b) Issue consequential writ of mandamus or any other writ or order by directing the Senior Civil Judge and JMFC, Hosapete to dispose the O.S.No.70/2023 within a period of six months in accordance with the order dated 06.11.2023 as per Annexure-E in the interest of justice and equity; c) Pass any other order or direction which deems fit in the facts and circumstances of the case. 3. The grievance of the petitioners is that though the pleadings were completed as far back as on 25/09/2023, the trial Court has not framed the issues in the matter and as such, the aforesaid reliefs’ are sought for. - 4 - NC: 2025:KHC-D:1487 WP No. 100451 of 2025 4. When pleadings are completed, it is for the trial Court to take into account various circumstance and frame the issues at the earliest and proceed with the trial. It will therefore not be required for issuance of any mandamus in that regard. This Court hopes and believes that the necessary issues would be framed at the earliest and the matter proceeded with. The matter being pending for framing of issues for from nearly 1 ½ years. 5. With above observations, writ petition is dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 40