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2025 DAILYLAW 31249 (KAR)

SMT BHAGYA v. SRI VENKATARAMANAPPA

WP/22181/2024 · 2025-02-12

H T Narendra Prasad

body2025

Judgment text

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- 1 - NC: 2025:KHC:6354 WP No. 22181 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 22181 OF 2024 (GM-CPC) BETWEEN: 1. SMT BHAGYA W/O LATE T S RAJA RAO AGED ABOUT 60 YEARS R/AT THORANAHALLI VILLAGE KASABA HOBLI, MALUR TALUK KOLARA DISTRICT-563130. 2. SRI ANAND T R S/O LATE T S RAJA RAO AGED ABOUT 28 YEARS R/AT THORANAHALLI VILLAGE KASABA HOBLI, MALUR TALUK KOLARA DISTRICT-563130. …PETITIONERS (BY SRI. RAJESHA SHETTIGARA.,ADVOCATE) AND: SRI VENKATARAMANAPPA S/O POOJARI VENKATANA BOVI AGED ABOUT 74 YEARS R/AT SEETHANAYAKANAHALLI VILLAGE KASABA HOBLI, MALURU TALUK KOLAR DITRICT-563160. …RESPONDENT (BY SMT. SUMA Y, ADVOCATE FOR SRI. BADARINARAYANA M S.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6354 WP No. 22181 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF THE INDIA PRAYING TO DIRECT THE SENIOR CIVIL JUDGE AND JMFC, MALUR, KOLAR TO DISPOSE OFF THE R.A NO. 44/2020 FILED BY THE RESPONDENT ON MERITS WITHIN TIME LIMIT FRAMED BY THIS HONBLE COURT IN ACCORDANCE WITH LAW VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner, seeking a direction from this Court to the Senior Civil Judge and JMFC, Malur, Kolar to dispose of R.A. No.44/2020, as expeditiously as possible. 2. The case of the petitioner is that the plaintiff has filed the suit for bare injunction. The suit came to be decreed by judgment and decree dated 03.03.2020. Being aggrieved by the same, the respondent herein filed an appeal before the Senior Civil Judge and JMFC, Malur in R.A.No.44/2020. Thereafter, the respondent is dragging the matter on one pretext or the other. Being aggrieved by the same, the writ petition is filed. - 3 - NC: 2025:KHC:6354 WP No. 22181 of 2024 3. Learned counsel for the petitioner has submitted that, despite lapse of four years, the matter has not been disposed of by the First Appellate Court. Even from 01.06.2024, the matter is being posted for arguments, the respondent/appellant is taking time for one reason or other. Therefore, the petitioner has sought a direction to the First Appellate Court to dispose of the appeal. 4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. The Senior Civil Judge and JMFC, Malur is directed to dispose of R.A.No.44/2020, in accordance with law, as expeditiously as possible, not later than four months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 60