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2025 DAILYLAW 3233 (KAR)

SRI. BASAVARAJ S/O MALLANAGOUDA TUMBARAMATTI v. SRI. LINGANAGOUAD S/O BALANAGOUDA HIREGOUDAR

WP/100702/2025 · 2025-02-01

Suraj Govindaraj

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:2023 WP No. 100702 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100702 OF 2025 (GM-CPC) BETWEEN: SRI. BASAVARAJ S/O. MALLANAGOUDA TUMBARAMATTI, AGE: 33 YEARS, OCC: AGRICULTURE AND ADVOCATE, R/O. KIDADUR VILLAGE, TQ: KUSHTAGI, KOPPAL-584125. …PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE) AND: SRI. LINGANAGOUAD S/O. BALANAGOUDA HIREGOUDAR, AGE: 76 YEARS, OCC: AGRICULTURE, R/O. KIDADUR VILLAGE, TQ: KUSHTAGI, KOPPAL-584125. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR ORDER OR DIRECTION BY DIRECTING THE HON’ BLE ADDITIONAL CIVIL JUDGE AND JMFC, KUSHTAGI, ANNEXURE-B TO DISPOSE OF THE I.A. NO.1 FILED BY THE PETITIONER ON 05-02- 2019 SEEKING RELIEF OF INJUNCTION AGAINST THE RESPONDENTS HEREIN IN O.S. NO.30/2019, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2023 WP No. 100702 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue Writ in the nature of Mandamus or Order or direction by directing the Hon’ble Additional Civil Judge and JMFC, Kushtagi, Annexure-B to dispose of the I.A. No.1 filed by the petitioner on 05-02-2019 seeking relief of injunction against the Respondents herein in O.S. No.30/2019, in the interest of justice and equity. ii. Issue any other appropriate Writ or Order or Direction which deems fit to pass, by this Hon’ble Court under the facts and circumstances of the Case. 2. Notice to the respondent is dispensed with in view of the proposed order to be passed. 3. The grievance of the petitioner is that, despite I.A.No.1 under Order XXXIV Rules 1 and 2 of the Code of Civil Procedure having been filed on 05.02.2019, no orders have been passed thereon till date. - 3 - NC: 2025:KHC-D:2023 WP No. 100702 of 2025 4. The Trial Court will be well advised to comply with the direction issued by the Hon’ble Apex court in the case of A. Venkatasubbiah Naidu Vs. S.Chellappan And Ors. reported in (2007) 6 SCC 695 and pass necessary orders on the said application at the earliest in the time frame prescribed therein. 5. With the above observation, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 16