Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5834 WP No. 36114 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 36114 OF 2024 (GM-CPC) BETWEEN:
SMT. PRAGATHI AGED ABOUT 62 YEARS W/O SRI D RAMESH R/AT NO. 102, 3RD CROSS NAGAPPA BLOCK LAKSHMINARAYANAPURAM BANGALORE 560 021 …PETITIONER (BY SRI. AJAY KADKOL T.,ADVOCATE) AND:
1.
H R NAGARAJ AGED ABOUT 53 YEARS S/O SRI H B RAJENDRA RESIDENT OF NO. 19 OLD NO. 1573, FIRST FLOOR 2ND CROSS, NAGAPPA BLOCK LAKSHMINARAYANAPURAM BANGALORE 560 021.
2.
THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION OFFICE N R SQUARE, J C ROAD BENGALURU 560 002.
3.
THE ASSISTANT REVENUE OFICER CSC WEST COUNTER BRUHAT BENGALURU MAHANAGARA PALIKE MALLESHWARAM, BENGALURU 560 055
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:5834 WP No. 36114 of 2024
…RESPONDENTS (NOTICE TO R2 & R3 ARE SERVED AND UNRERESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OR ORDER TO THE XXV ADDL. CITY CIVIL JUDGE, BENGALURU CITY (CCH- 23) TO HEAR, RECORD AND DISPOSE OFF THE CASE IN OS NO.
1473/2021 WITHIN 3 MONTHS FROM THE DATE OF THE ORDER WHICH IS PRODUCED AS ANNEXURE-A 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 226 of the Constitution of India is filed by the petitioner/plaintiff, seeking a direction from this Court to the XXV Additional City Civil and Sessions Judge, Bengaluru to dispose of the suit in O.S.No.1473/2021, as expeditiously as possible.
2. Since the petitioner is only seeking a direction to dispose of the suit, service of notice to the respondents is not necessary.
3. The plaintiff has filed a suit for declaration. The defendants appeared as caveators in the year 2021, but did not file any written statement. Thereafter, based on
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NC: 2025:KHC:5834 WP No. 36114 of 2024
the plaintiff's pleadings, the trial Court framed the issues and the parties have adduced their evidence. Subsequently, when the matter was posted for arguments on 26.10.2023, the defendants filed an application seeking permission to file a written statement. The same was allowed by the trial Court.
4.
Learned counsel for the petitioner submits that the property, which was previously occupied by the defendants, was given for rent. The defendants have been enjoying the property without paying any rent and as a result, they have been dragging the matter. Therefore, the petitioner seeks direction to the trial Court to dispose of the suit as early as possible.
5. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of.
6. The XXV Additional City Civil and Sessions Judge, Bengaluru is directed to dispose of the matter, as
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NC: 2025:KHC:5834 WP No. 36114 of 2024
expeditiously as possible, not later than ten months from the date of receipt of certified copy of this order.
7. The parties are directed to cooperate for early disposal of the case.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA List No.: 1 Sl No.: 14