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2025 DAILYLAW 29809 (KAR)

RISHI ORCHARDS PVT LTD., v. MUNIYAPPA

WP/18916/2025 · 2025-07-07

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24605 WP No. 18916 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. 18916 OF 2025 (GM-CPC) BETWEEN: 1. RISHI ORCHARDS PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.B1, 1301, GOKULAM APARTMENTS, DODDAKALLASANDRA, KANAKAPURA ROAD, BANGALORE - 560062. REPTD. BY ITS DIRECTORS: A) PRAKASH CHANDRA NAHATA, S/O. NORTAN LAL NAHATA, AGED ABOUT 68 YEARS, B) SNEHALATHA NAHATA, W/O. PRAKASH CHANDRA NAHATA, AGED ABOUT 63 YEARS, C) BHUMIKA NAHATA, D/O. SRI. PRAKASH NAHATA, AGED ABOUT 37 YEARS. …PETITIONER (BY SRI. LAXMIKANTHA K.B., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24605 WP No. 18916 of 2025 AND: 1. MUNIYAPPA, S/O. LATE MUNIBYRAPPA, AGED ABOUT 81 YEARS, RESIDING AT JETTIPALYA VILLAGE, HAROHALLI POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562112 …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING FOR EARLY DISPOSAL OF IA NO.7 PRODUCED IN ANNEXURE-H AND 8 PRODUCED ANNEXURE-K(APPLICATION UNDER SECTION 144 OF THE CPC) IA NO. 9 (UNDER SECTION 151 OF THE CPC) PRODUCED IN ANNEXURE-L AND IA NO. 4/2025 (APPLICATION UNDER ORDER 39 RULE 1 AND 2 DATED 17/06/2025) PRODUED IN ANNEXURE-P IN OS NO. 622/2023 PENDING ON THE FILE OF THE 1 ST ADDL. CIVIL JUDGE, BENGALURU RURAL.(ANNEXURE-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:24605 WP No. 18916 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "A. To issue a writ of mandamus directing for earlyl disposal of I.A No. 7 produced in Annexure H and 8 produced in Annexure K (application under Section 144 of the CPC] I.A. No. 9 (under section 151 of the CPC) produced in Annexure L and I.A. No. 4/2025 [application under Order 39 Rule 1 and 2 dated 17.06.2025] produced in produced in Annexure P in O.S. 622/2023 pending on the file of the Ist Addl Civil Judge, Bengaluru Rural. (Annexure A) B. Pass any other order(s) may kindly be pleased, which this Hon'ble Court deems fit and proper, towards the ends of equity, justice and good conscience." 2. Heard Sri. Laxmikantha K.B., learned counsel appearing for the petitioner and have perused the material on record. 3. Learned counsel appearing for the petitioner submits that the subject petition is preferred on the score that the applications are not considered and are pending adjudication before the concerned Court and seeks a direction - 4 - HC-KAR NC: 2025:KHC:24605 WP No. 18916 of 2025 to the concerned Court to dispose the applications within a timeframe. 4. Since the prayer is innocuous and in the light of the submission of the learned counsel appearing for the petitioner, there shall be a direction to the concerned Court to dispose the applications - I.A.No.7, I.A.No.8, I.A.No.9 and I.A.No.4/2025 filed in O.S.No.622/2023 by the present petitioner, within a period of eight (8) weeks 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.: 78