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2025 DAILYLAW 35607 (KAR)

SRI B G JAYARAMA REDDY v. SRI V NAGARAJ

WP/31744/2024 · 2025-02-11

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6134 WP No. 31744 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 31744 OF 2024 (GM-CPC) BETWEEN: SRI B G JAYARAMA REDDY S/O B N GOPALAKRISHNA REDDY AGED ABOUT 50 YEARS R/AT NO 1, G K REDDY LAYOUT ASHIRVAD COLONY, BANASWADI POST BENGALURU-560043 …PETITIONER (BY SRI. PAVAN KUMAR G.,ADVOCATE) AND: 1. SRI V NAGARAJ SINCE DEAD BY HIS LRs. SMT PUSHPA AGED ABOUT 55 YEARS W/O LATE NAGARAJ. 2. SMT N BINDU AGED ABOUT 37 YEARS D/O LATE V NAGARAJ W/O RANGAPPA 3. SMT N NALANI AGED 35 YEARS D/O LATE V NAGARAJ Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6134 WP No. 31744 of 2024 4. SMT N SUPRIYA AGED 30 YEARS D/O LATE V NAGARAJ W/O MANJUNATHA 5. N MANJUNATH S/O V NAGARAJ AGED ABOUT 24 YEARS. 6. VENAKTESH @ VENKATESHAPPA S/O MUNINAGAPPA AGED ABOUT 48 YEARS R1 TO R6 ARE R/O NO 927 MANJUNATHA NILAYA BABUSA PALYA KALYANA NAGAR POST BENGALURU 560043 …RESPONDENTS (BY SRI. UDAY K S.,ADVOCATE FOR R1 TO R5: SRI. RAHUL S REDDY, ADVOCATE FOR C/R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH IMPUGNED ORDER DATED: 05.11.2024 IN O.S No. 6582/2010 PASSED BY THE XXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-14) WITH RESPECT TO IA 14 AND IA 15 AS FOUND AT 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 - 3 - NC: 2025:KHC:6134 WP No. 31744 of 2024 ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India challenging the order passed by the XXXI Additional City Civil and Sessions Judge, Bengaluru in O.S.No.6582/2010, whereby IA Nos. 14 and 15 filed by the plaintiff have been rejected. 2. The plaintiff filed a suit for declaration, injunction and possession. After service of summons, defendants filed the written statement, issues have been framed. The plaintiff adduced evidence as PW1. When the matter was posted for defendants’ evidence, the plaintiff filed IA Nos. 14 and 15. Since the applications have been filed after more than 7 years 11 months, therefore, the trial court rightly rejected the applications. 3. However, in the interest of justice, to give one more opportunity to the petitioner/plaintiff, this writ petition requires to be allowed by imposing cost. 4. Accordingly, the following order is passed: (i) The writ petition is allowed. - 4 - NC: 2025:KHC:6134 WP No. 31744 of 2024 (ii) The order dated 05.11.2024 passed on IA Nos.XIV and XV in O.S.No.6582/2010 passed by the XXXI Additional City Civil and Sessions Judge, Bengaluru is set aside, imposing a cost of Rs.10,000/- to be payable by the petitioner/plaintiff to the Advocates Library Fund, within one week from today. (iii) It is made clear that the parties shall co- operate for expeditious disposal of the suit, without taking further adjournments. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 61