Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28823 WP No. 16649 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 16649 OF 2024 (GM-CPC) BETWEEN:
1. RUKKAMMA W/O LATE B.V.GURUVAIAH, AGED ABOUT 84 YEARS,
2. B.G.INDRA D/O LATE B.V.GURUVAIAH, AGED ABOUT 61 YEARS,
BOTH ARE R/AT NO. 2/250-A, INDIRANGARA, RAYAKOTTAI MAIN ROAD, PEDDATTALAPALLI POST, KRISHNAGIRI TALUK, KRISHNAGIRI DISTRICT - 563 5001. …PETITIONERS (BY SRI. UDAYA PRAKASH.M., ADVOCATE)
AND:
1. MR. B.G.NARASIMMAMOORTHY S/O LATE B.V.GURUVAIAH, AGED ABOUT 69 YEARS,
2. MS. B.G.VIMALA D/O LATE B.V.GURUVAIAH, AGED ABOUT 57 YEARS,
3. MR. B.G.RAMADAS S/O LATE B.V.GURUVAIAH, AGED ABOUT 65 YEARS, RESIDING AT NO. 173/10, NEAR GOVT. SCHOOL,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:28823 WP No. 16649 of 2024
BHATTARAHALLI MAIN ROAD, VIRGONAGAR POST, BANGALORE-560 049. 4. MR. B.G.NAGARAJ S/O LATE B.V.GURUVAIAH, AGED ABOUT 63 YEARS,
5. MR. B.G.RAMANANDHA S/O LATE B.V.GURUVAIAH, AGED ABOUT 59 YEARS,
RESPONDENTS 1, 2, 4 & 5 ARE RESIDING AT NO. 98/1, OPP. GOVT SCHOOL, BHATTARAHALLI, VIRGONAGAR POST, BANGALORE - 560 049. …RESPONDENTS (BY SRI. VENKATESH.H.N., ADVOCATE FOR R1;
R2 & 5 ARE SERVED AND UNREPRESENTED;
NOTICE TO R4-HELD SUFFICIENT V/O DATED:30.01.2025;
NOTICE TO R3-DISPENSED WITH V/O DATED:28.07.2025)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Udaya Prakash.M., counsel for the petitioners has appeared in person. The captioned Writ Petition is listed today for orders regarding non taking steps in respect of respondent No.3. - 3 -
HC-KAR NC: 2025:KHC:28823 WP No. 16649 of 2024
Counsel Sri.Udaya Prakash.M., submits that respondent No.3 was defendant No.3 before the Trial Court and he died during the pendency of the suit and an application to bring the legal representatives of deceased defendant No.3 is filed before the Trial Court. Hence, steps in respect of respondent No.3 in this Writ Petition is not required. Counsel therefore, submits that notice to respondent No.3 may be dispensed with, at the risk of petitioners. He argued by saying that the Writ Petition may be disposed of directing the Trial Court to dispose of the suit as expeditiously as possible.
The oral submission made by counsel for the petitioners about dispensation of notice to respondent No.3 is placed on record. Notice to respondent No.3 is dispensed with, at the risk of the petitioners. The petitioners grievance is that they are senior citizens aged about 85 and 62 years and they want to enjoy the fruits of the decree during their lifetime. Hence, they are seeking a direction to the Trial Court to dispose of the suit as expeditiously as possible. - 4 -
HC-KAR NC: 2025:KHC:28823 WP No. 16649 of 2024
A perusal of the petition papers depicts that the suit is filed in the year 2015. The prayer in the Writ Petition is only a request to the Trial Court to dispose of the suit as expeditiously as possible. Hence, this Court deems it proper to direct the Trial Court to dispose of the suit within the outer limit of nine months from the receipt of certified copy of this order. The parties to the suit are directed to co-operate with the Trial Court for speedy disposal of the suit. Resultantly, the Writ Petition is dispose of. Sd/- (JYOTI MULIMANI) JUDGE MRP/KMV List No.: 1 Sl No.: 13