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2025 DAILYLAW 27147 (KAR)

SRI. T. RAMAKRISHNAIAH v. SMT. HUCHAMMA

WP/16433/2024 · 2025-02-06

H T Narendra Prasad

body2025

Judgment text

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- 1 - NC: 2025:KHC:5485 WP No. 16433 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16433 OF 2024 (GM-CPC) BETWEEN: SRI. T. RAMAKRISHNAIAH S/O LATE. THIMMAIAH AGED ABOUT 63 YEARS RESIDING AT 262, SHIVA NILAYA 8TH 'B' MAIN, 1ST BLOCK MANJUNATHANAGAR BENGALURU-560010 …PETITIONER (BY SRI. MANJUNATH M R, ADVOCATE SRI. NAGARAJA S R.,ADVOCATE) AND: 1. SMT. HUCHAMMA W/O ANJANAPPA AGED ABOUT 65 YEARS R/AT 33, METEPALYA TAVAREKERE HOBLI AND POST BENGALURU SOUTH TALUK BENGALURU-562130. 2. SRI. GANGARAJU S/O LATE RANGAIAH AGED ABOUT 68 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5485 WP No. 16433 of 2024 3. SRI RANGASWAMAIAH S/O LATE RANGAIAH AGED ABOUT 61 YEARS 4. SRI NARAYANA S/O LATE RANGAIAH AGED ABOUT 58 YEARS 5. SRI CHANDRASHEKARAIAH S/O LATE RANGAIAH AGED ABOUT 55 YEARS 6. SRI KRISHNAMURTHY S/O LATE RANGAIAH AGED ABOUT 52 YEARS R2 TO R6 ARE R/AT VARTHUR VILLAGE TAVAREKERE HOBLI AND POST BENGALURU SOUTH TALUK-562130 BENGALURU RURAL DISTRICT …RESPONDENTS (NOTICE TO R1 TO R5 ARE HELD SUFFICIENT V/O DATED: 06.02.2025: NOTICE TO R6 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE COURT BELOW TO DISPOSE THE SUIT FILED IN OS NO. 100/2014 PENDING BEFORE HONBLE ADDL. SENIOR CIVIL JUDGE COURT AT NELAMANGALA BENGALURU RURAL DIST WITHIN A STIPULATED PERIOD AND CONSEQUENTLY ALLOW THE PETITION FILED BY THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:5485 WP No. 16433 of 2024 ORAL ORDER Notice issued to respondent Nos. 1 to 5 is returned with the postal shara ‘unclaimed’. Hence, notice to respondent Nos. 1 to 5 is held sufficient. 2. This writ petition is filed under Article 227 of the Constitution of India, praying for a direction to dispose of the suit in O.S.No.100/2014, as expeditiously as possible. 3. The plaintiff filed a suit for partition and separate possession in O.S.No.100/2014 before the Additional Senior Civil Judge, Nelamangala. 4. Now that the matter is posted for plaintiff’s evidence. The parties are taking the adjournment for one or the other reason. Even after ten years, the suit is not disposed of. Hence, the learned counsel for the petitioner sought for early disposal of the suit. 5. In view of the above, without expressing any opinion on the merits of the case, the trial court is directed to dispose of the suit as expeditiously as possible, not later - 4 - NC: 2025:KHC:5485 WP No. 16433 of 2024 than one year from the date of receipt of a copy of this order. 6. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 47