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2025 DAILYLAW 31310 (KAR)

SRI ANJINAPPA v. SMT B A PRABHAVATHAMMA

WP/22719/2024 · 2025-01-16

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1591 WP No. 22719 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 22719 OF 2024 (GM-CPC) BETWEEN: 1. SRI ANJINAPPA S/O LATE PAPAIAH AGED ABOUT 74 YEARS R/AT NO. 71/18, 5TH MAIN ROAD MATHIKERE LAYOUT, M S R I T GOWRIBIDANURU - 560054. 2. SMT PRABHAVATHI D/O CHIKKANNA AGED ABOUT 62 YEARS R/AT NO. 71/18, 5TH MAIN ROAD MATHIKERE LAYOUT, M S R I T GOWRIBIDANURU-570054. …PETITIONERS (BY SMT. JAYALAKSHMAMMA K B.,ADVOCATE) AND: 1. SMT B A PRABHAVATHAMMA W/O LATE B K RAVI D/O LATE B S ANJANA REDDY AGED ABOUT 50 YEARS R/AT G BOMMANASANDRA VILLAGE THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561211. 2. SRI B K ASHWATHA REDDY S/O LATE KONDA REDDY AGED ABOUT 59 YEARS R/AT INDIRA NAGAR THONDEBHAVAI HOBLI Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1591 WP No. 22719 of 2024 GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561211. 3. SMT SUSHEELAMMA D/O LATE KONDA REDDY AGED ABOUT 57 YEARS R/AT INDIRA NAGARA THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561211. 4. SRI PRABHU RAGHAV S/O LATE KONDA REDDY AGED ABOUT 55 YEARS R/AT INDIRA NAGARA THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561211. 5. SRI CHANNAKESHAVA S/O LATE KONDA REDDY AGED ABOUT 52 YEARS R/AT INDIRA NAGARA THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561211. 6. SMT PRAMEELAMMA D/O LATE KONDA REDDY AGED ABOUT 50 YEARS R/AT INDIRA NAGARA THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561211 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE PRL. CIVIL JUDGE JUNIOR DIVISION AND JMFC, GAURIBIDANUR, CHIKKABALLAPUR TO DISPOSE OF THE ORIGINAL SUIT IN OS NO. 118/2019 EARLY AS POSSIBLE, AS - 3 - NC: 2025:KHC:1591 WP No. 22719 of 2024 THE PETITIONERS ARE THE SENIOR CITIZENS AND THEY ARE SUFFERING FROM OLD AGED AILMENTS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 petitioners/defendant Nos.6 and 7, seeking a direction from this Court to the Principal Civil Judge and JMFC, Gowribidanur to dispose of the original suit in O.S.No.118/2019 pending before it. 2. The respondents/plaintiffs have filed the suit for partition and separate possession. 3. The petitioners/defendant Nos.6 and 7 are the purchasers of the property and were impleaded subsequent to the filing of the suit. They are now defendant Nos. 6 and 7 in the original suit, which was filed in the year 2019 and is currently at the evidence stage. Therefore, the petitioners approached this Court for early disposal of the suit. - 4 - NC: 2025:KHC:1591 WP No. 22719 of 2024 4. Heard the learned counsel for the petitioners. 5. Since the suit was filed in the year 2019 and five years have already passed, without expressing any opinion on the merits of the case, the Principal Civil Judge and JMFC, Gowribidanur is directed to dispose of the suit in O.S.No.118/2019 as expeditiously as possible, not later than one year from the date of receipt of a certified copy of this order. 6. With that above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 5