Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24215 WP No. 18896 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18896 OF 2025 (GM-CPC) BETWEEN:
SMT. SUMITHRAMMA W/O LATE RAMIAH AGED ABOUT 65 YEARS R/AT LAKSHMISAGARA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT. …PETITIONER (BY SMT. PAVITHRA N., ADVOCATE FOR SRI KARTHIK V., ADVOCATE)
AND:
1. MUNIYAPPA S/O LATE DYAVAPPA AGED ABOUT 58 YEARS
2.
SMT. NAGAMMA W/O MUNIYAPPA AGED ABOUT 51 YEARS
3.
SRI VEERESH BABU S/O MUNIYAPPA AGED ABOUT 30 YEARS
4.
SMT. ASHA D/O MUNIYAPPA
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:24215 WP No. 18896 of 2025
AGED ABOUT 29 YEARS
5. DIVYASHREE D/O MUNIYAPPA AGED ABOUT 27 YEARS
6. VIDYASHREE D/O MUNIYAPPA AGED ABOUT 25 YEARS
RESPONDENTS NO.1 TO 6 ARE R/AT LAKSHMISAGAR VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT.
7.
SRI MAHADEVAIAH S/O LATE VENKATAPPA AGED ABOUT 70 YEARS
8.
SMT. ANANDAMMA W/O MAHADEVAIAH AGED ABOUT 50 YEARS
9.
SRI NIROOP S/O MAHADEVAIAH AGED ABOUT 23 YEARS
10. HARSHITHA D/O MAHADEVAIAH AGED ABOUT 25 YEARS
11. RAMASWAMY S/O LATE VENKATAPPA AGED ABOUT 48 YEARS
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HC-KAR NC: 2025:KHC:24215 WP No. 18896 of 2025
12. KUM. VRUNDA AGED ABOUT 12 YEARS D/O RAMASWAMY
13. KUM. NIKHITHA D/O RAMASWAMY AGED ABOUT 12 YEARS
RESPONDENTS NO.07 TO 13 ARE R/AT CHIKKAHOSAHALLI VILLAGE KASABA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT.
14. ASHOK REDDY S/O Y.RAMA REDDY AGED ABOUT 44 YEARS R/AT NO.141, LAKSHMISAGAR VILLAGE NERALUR POST, ATTIBELE HOBLI ANEKAL TALUK, BENGALURU URBAN DISTRICT.
15. SMT. SUSHEELAMMA W/O VENKATASWAMY
16. SMT. LAKSHMAMMA W/O N.S.MUNIYAPPA
RESPONDENTS NO.15 AND 16 ARE RESIDING AT NERIGE VILLAGE AND POST SARJAPURA HOBLI, ANEKAL TALUK.
17. SMT. SHANTAMMA W/O KUNIGALLU KRISHNAPPA SAMANAHALLI VILLAGE HOSUR TALUK, DHARMAPURI DISTRICT …RESPONDENTS
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HC-KAR NC: 2025:KHC:24215 WP No. 18896 of 2025
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS TO CONSIDER THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONER UNDER XXXIX RULE I AND II IN OS NO.
1060/2020 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL BEFORE PASSING ANY SUCH
ORDER IN THE SUIT VIDE ANNEXURE - B.
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:
“a. Issue a Writ of Mandamus by giving proper directions to consider the Interlocutory Application filed by the Petitioner under XXXIX Rule 1 and 2 in OS No.1060/2020 on the file of Senior Civil Judge and JMFC, Anekal, Bengaluru Rural, before passing any such order in the suit vide Annexure B.
b. Grant such other and further orders as this Hon’ble Court deems fit and proper under the
facts and circumstances of this case to meet the ends of Justice.”
2. The petitioner is plaintiff who instituted a suit in O.S.No.1060/2019 and files an application – I.A.No.1 under
Order XXXIX Rules 1 and 2 of the CPC, seeking accused-interim
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HC-KAR NC: 2025:KHC:24215 WP No. 18896 of 2025
injunction; pending consideration for the last 6 years and no orders are passed, is the allegation of the petitioner.
3. In the light of the submissions and the fact that the prayer is innocuous, I deem it appropriate to direct the concerned Court to dispose the application so filed under Order XXXIX Rules 1 and 2 of the CPC within the next 15 days, if not already decided.
4. With the aforesaid direction, writ petition stands allowed. Ordered accordingly.
SD/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 2 Sl No.: 19