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2025 DAILYLAW 36271 (KAR)

SMT. KAMALA KASHINATH, v. SRI. MUTHAPPA, SINCE DEAD REP BY LRS SRI M PRABHAKAR SINCE DEAD REP BY LRS SRI M SETHRAM

WP/33507/2024 · 2025-04-03

H T Narendra Prasad

body2025

Judgment text

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- 1 - NC: 2025:KHC:14119 WP No. 33507 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33507 OF 2024 (GM-CPC) BETWEEN: 1. SMT. KAMALA KASHINATH W/O G KASHINATH AGED ABOUT 60 YEARS RESIDING AT NO 26 FIRST FLOOR, MOUNTAIN STREET 1ST BLOCK, EAST JAYANAGAR BANGALORE - 560011. 2. SRI HILARY D’SOUZA S/O PETER D SOUZA AGED ABOUT 61 YEARS C/O ROBERT D SOUZA NO 83, 17TH MAIN 6TH CROSS, BTM LAYOUT 2ND STAGE (EWS) BANGALORE - 560076 (REP BY GPA HOLDER MITHILDA FERNANDES PETITIONER NO.3) 3. SMT MITHILDA FERNANDES W/O LATE ROBERT D SOUZA AGED ABOUT 63 YEARS NO -83 17TH MAIN, 6TH CROSS BTM LAYOUT 2ND STAGE (EWS) BANGALORE - 560076. 4. SMT FELCY DIAS W/O LEO DIAS AGED ABOUT 63 YEARS R/AT NO -98, 18TH MAIN 6TH CROSS, BTM LAYOUT Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14119 WP No. 33507 of 2024 2ND STAGE (EWS) BANGALORE - 560076 . 5. SMT GLADYS NORONHA W/O VICTORY NORONHA AGED ABOUT 69 YEARS C/O ROBERT D SOUZA NO -83 17TH MAIN, 6TH CROSS BTM LAYOUT 2ND STAGE (EWS) BANGALORE - 560076 REP. BY GPA HOLDER MITHILDA FERNANDES 6. SMT K RAMADEVI W/O SRI D S RATNAKAR AGED ABOUT 69 YEARS RESIDING AT NO -263 BYRASANDRA, NEAR LIC COLONY 3RD BLOCK, 4TH MAIN ROAD JAYANAGAR BANGALORE. …PETITIONERS (BY SRI. A V AMARNATHAN., ADVOCATE) AND: 1. SRI. MUTHAPPA SINCE DEAD REP BY LRs. SRI M PRABHAKAR SINCE DEAD REP BY LRs. SRI M SETHRAM S/O MUTHAPPA MAJOR 2. SRI M MUNIRAJ S/O MUTHAPPA MAJOR 3. SMT V PRAMEELAMMA W/O LATE N RAMACHANDRAPPA AGED MAJOR - 3 - NC: 2025:KHC:14119 WP No. 33507 of 2024 4. R HEMANTH KUMAR S/O LATE N RAMACHANDRAPPA AGED MAJOR 5. MANJUNATH S/O LATE N RAMACHANDRAPPA AGED MAJOR 6. BHAGYA S/O LATE N RAMACHANDRAPPA AGED MAJOR R1 TO R6 ARE RESIDING AT HULIMAVU VILLAGE, BEGUR HOBLI BANGALORE SOUTH TALUK-76 7. SMT K K UMADEVI D/O K S KRISHNAMURTHY AGED ABOUT 60 YEARS KESTUR VILLAGE, KODIGEHALLI POST DODDABALLAPURA TALUK BANGALORE DISTRICT - 561203. …RESPONDENTS (BY SRI. T M VENKATAREDDY., ADVOCATE FOR R2 TO R5: NOTICE TO R6 IS SERVED AND UNREPRESENTED: NOTICE TO R7 IS DISPENSED WITH: R1 IS DEAD) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT BELOW, LEARNED V ADDL. CITY CIVIL JUDGE AT BENGALURU CITY (CCH-13) TO PASS FINAL ORDERS IN EX.PETITION NOs. 2310/2013, 2313/2013, 2314/2013, 2315/2013, 2316/2013 AND 2614/2019 AT ANNEXURE A TO G AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:14119 WP No. 33507 of 2024 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the decree holders under Article 227 of the Constitution of India, seeking a direction to the trial court to dispose of Ex.Petition Nos.2310/2013, 2313/2013, 2314/2013, 2315/2013, 2316/2013 and 2614/2019, expeditiously. 2. In view of the above, service of notice to the unserved respondents is dispensed with. 3. The plaintiff filed a suit for bare injunction. The suit was decreed on 28.08.2010. Thereafter, the petitioners/decree-holders filed the above execution petitions on 16.08.2013. From 2013, for one or the other reason, the matter is being adjourned, even after conclusion of arguments of both the parties. Hence, the petitioners sought for early disposal of the execution petitions. - 5 - NC: 2025:KHC:14119 WP No. 33507 of 2024 4. The learned counsel appearing for respondent Nos. 2 to 5 also submits that arguments of both the parties has been concluded and no order has been passed. 5. In view of the above, without expressing any opinion on the merits of the case, the trial court is directed to dispose of Ex.Petition Nos.2310/2013, 2313/2013, 2314/20123, 2315/2013, 2316/20123 and 2614/2019 as expeditiously as possible, on or before the end of April 2025. 6. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 46