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2025 DAILYLAW 29388 (KAR)

SRI.SURESH v. SRI.GOPALAKRISHNA

WP/18884/2025 · 2025-07-07

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24609 WP No. 18884 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18884 OF 2025 (GM-CPC) BETWEEN: 1. SRI. SURESH, S/O A.CHINNASWAMY, AGED ABOUT 59 YEARS, R/AT NO.199, MARUTHI NILAYA, ANNASANDRA PALYA, HAL POST, BENGALURU - 560 001 …PETITIONER (BY SRI. CHANDRASHEKAR C.,ADVOCATE) AND: 1. SRI. GOPALAKRISHNA, S/O M.RAMAIAH, AGED ABOUT 48 YEARS, R/AT SIDDAPURA VILLAGE, RAMAGONDAHALLI POST, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU URBAN DISTRICT - 560066 2. SRI. RAMAIAH, S/O. LATE MOTAPPA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24609 WP No. 18884 of 2025 AGED ABOUT 74 YEARS, 3. SRI. MUNIRAMAIAH, S/O. LATE MOTAPPA, AGED ABOUT 71 YEARS, 4. SRI. MUNIYAPPA, S/O. LATE MOTAPPA, AGED ABOUT 69 YEARS, 5. SRI. SAMPANGIRAMAIAH, S/O. MUNICHINNAPPA, AGED ABOUT 66 YEARS, 6. SRI. NAGARAJU, S/O. MUNICHINNAPPA, AGED ABOUT 64 YEARS, 7. SMT. SHANTHAMMA, D/O. MUNICHINNAPPA, W/O. MUNIYAPPA, AGED ABOUT 62 YEARS, 8. SMT.VIJAYAMMA, D/O. LATE MUNICHINNAPPA, W/O. MUNIVENKATAPPA, AGED ABOUT 60 YEARS, 9. SRI. KRISHNAPPA, S/O. LATE MUNICHINNAPPA, AGED ABOUT 54 YEARS, 10. SMT. SUMITHRA, D/O. LATE MUNICHINNAPPA, AGED ABOUT 50 YEARS, - 3 - HC-KAR NC: 2025:KHC:24609 WP No. 18884 of 2025 11. SMT. ANUSUYA, D/O. LATE MUNICHINNAPPA, W/O. SRINIVAS, AGED ABOUT 47 YEARS, R/AT SIDDAPURA VILLAGE, RAMAGONDANAHALLI POST, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU URBAN DISTRICT - 560066 12. SMT. CHENCHULAKSHMI, W/O. NARAYANASWAMY, AGED ABOUT 71 YEARS, R/AT NO.985/1, VARTHUR POST, VARTHUR, BENGALURU EAST, BENGALURU - 560087 13. SRI. GOVINDAPPA NAIDU, S/O. LAKSHMAIAH NAIDU, AGED ABOUT 64 YEARS, R/AT NO.258, CENTRAL STREET, 11TH CROSS, RAMESHANATAR, BENGALURU - 560017 14. SRI. K. SRINIVAS, S/O. LATE KATAPPA, MAJOR, R/AT NO.59, HAL POST, MURGESHPALYA, BENGALURU - 560017 - 4 - HC-KAR NC: 2025:KHC:24609 WP No. 18884 of 2025 15. SMT. N. RUKMINI, W/O. N.NAGARAJ, AGED ABOUT 72 YEARS, R/AT NO.157, KAMARAJA ROAD, BENGALURU - 560001 16. MR. JACOB MATHEW, S/O. LATE T.O.MATHEW, AGED ABOUT 65 YEARS, R/AT NO.50-51, SHANTHINIKETHAN COLONY, MAHNDRA HILLS, BENGALURU - 560015 17. SRI. AMITABHA BANERJEE, S/O. M.G. BANGERJEE, AGED ABOUT 51 YEARS, R/AT NO.205, SECOND FLOOR, "SRIRAM SPOORTHI" APARTMENTS, BROOKFIELD'S KUNDALAHALLI, BENGALURU - 560037 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI / MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER TO THE HONBLE PRL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, AT BENGALURU FOR ADJUDICATION OF THE SUIT IN O.S.NO. 144/2019 ANNX-C PENDING BEFORE THE HONBLE PRL. SENIOR CIVIL - 5 - HC-KAR NC: 2025:KHC:24609 WP No. 18884 of 2025 JUDGE, BENGALURU RURAL DISTRICT, BY FIXING TIME FRAME FOR SPEEDY DISPOSAL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "i) Issue a Writ of Certiorari/mandamus or any other appropriate Writ, direction or order to the Hon'ble Prl. Senior Civil Judge, Bengaluru Rural District, at Bengaluru, for adjudication of the suit in OS.No.144/2019 Annexure-C pending before the Hon'ble Prl. Senior Civil Judge, Bengaluru Rural District, by fixing time frame for speedy disposal. ii) Grant such other relief or reliefs as this Hon'ble Court may deem fit to grant in the circumstances of the case, in the interest of justice, equity and law." 2. Heard Sri. Chandrashekar C., learned counsel appearing for the petitioner and have perused the material on record. 3. The petitioner is defendant No.14 institutes suit in O.S.No.144/2019 for partition. - 6 - HC-KAR NC: 2025:KHC:24609 WP No. 18884 of 2025 4. Learned counsel appearing for the petitioner submits that the subject petition is preferred on the score that the concerned Court is not concluding the proceedings and has going on granting adjournments and the matter is still pending adjudication before the concerned Court. Therefore, seeks a direction for expeditious disposal of the petition. 5. Since the prayer is innocuous and the issue is of the year 2019, the concerned Court shall endeavour to conclude the proceedings within nine (9) months from the date of receipt of a copy of this order, if not earlier. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 77