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2025 DAILYLAW 41363 (KAR)

SRI. VENKATARAMANAIAH v. SMT. S M VASANTHA

WP/24949/2025 · 2025-10-17

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41434 WP No. 24949 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 24949 OF 2025 (GM-CPC) BETWEEN: 1. SRI VENKATARAMANAIAH, AGED ABOUT 78 YEARS, S/O. LATE VENKATAGIRIYAPPA. 2. SRI A.T.KRISHNAPPA, AGED ABOUT 54 YEARS , S/O. VENKATARAMANAIAH. BOTH ARE RESIDING AT: NO.42, 1ST FLOOR, SAPTHIGIRI NILAYA, 3RD CROSS, BHUVANESHWARINAGAR, BANGALORE - 560 057. …PETITIONERS (BY SRI M.R.NAGABHUSHANA, ADVOCATE) AND: 1. SMT. S.M.VASANTHA, AGED ABOUT 55 YEARS , W/O. B. MAHADEVAPPA, NO.14, GNANAJYOTHINAGARA, ULLAL MAIN ROAD, MALLATHAHALLI, BANGALORE - 560 097. 2. SMT. SWETHA, AGED ABOUT 45 YEARS, W/O RANGASWAMIGOWDA, NO.51/5, 8TH CROSS, 2ND MAIN, HSBS LAYOUT, CHANDRA LAYOUT, VIJAYANAGARA, BANGALORE - 560 040. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41434 WP No. 24949 of 2025 3. SRI NANJUNDAIAH, AGED ABOUT 82 YEARS, S/O. LATE BYATAIAH, HITHALAHALLI VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 106. 4. SRI SIDDAHANUMAPPA, AGED ABOUT 70 YEARS, S/O. LATE. MUDDAHANUMAPPA, NO.8, 2ND 'A' CROSS, NAGARABHAVI VILLAGE, BANGALORE - 560 010. 5. SRI H.N.RANGASWAMIGOWDA, AGED ABOUT 56 YEARS, S/O. NANJUNDAIAH, NO.51/5, 8TH CROSS, 2ND MAIN, HSBS LAYOUT, CHANDRA LAYOUT, VIJAYANAGARA, BANGALORE - 560 040. 6. SRI MOHANKUMAR P., AGED ABOUT 44 YEARS S/O M.PACHAPPA NO.13, 2ND MAIN, MOTAPPA PALYA, INDIRANAGARA, BANGALORE - 560 038. 7. SRI HANUMANTHARAJU, AGED ABOUT 55 YEARS, S/O. GANGATHIMMAIAH, YAGANAHALLI VILLAGE, BYLAKERE, MAGADI TALUK, RAMANAGARA DISTRICT - 562 151. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS BY ISSUING TIME BOUND DIRECTION TO II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA - 3 - HC-KAR NC: 2025:KHC:41434 WP No. 24949 of 2025 TO DISPOSE OF O.S.NO.436/2016 WITHIN ONE YEAR UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioners. 2. This petition is filed by the petitioners-plaintiffs seeking a direction to II Additional Senior Civil Judge and JMFC, Nelamangala to dispose of the suit in O.S.No.436/2016 within one year. 3. This Court does not find any need to issue notice to the respondents, as no adverse orders against the respondents is passed. This Court is inclined to direct II Additional Senior Civil Judge and JMFC, Nelamangala to dispose of the suit expeditiously. 4. It is the case of the petitioners-plaintiffs that petitioner No.2 is the absolute owner of the converted property bearing No.34/6, measuring 1 acre 5 guntas - 4 - HC-KAR NC: 2025:KHC:41434 WP No. 24949 of 2025 situated at Jakkasandra village, Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural District. He was enjoying the same on the basis of the registered Sale Deed. Thereafter, he has formed a layout by dividing the same into 19 sites. 5. It is the grievance of the learned counsel for petitioners-plaintiffs that all the respondents-defendants except respondent No.6 have appeared and filed their written statement. However, the trial Court is yet to frame issues in the matter despite lapse of almost ten years. 6. Aggrieved by the same, the petitioners-plaintiffs are before this Court. 7. The fact remains that the suit is of the year 2016 and defendant No.6 has filed written statement at the stage of framing of issues. In view of the suit having been pending for almost ten years, this Court deems it appropriate, in the interest of the parties, to direct the trial Court to dispose of the suit as expeditiously as possible. - 5 - HC-KAR NC: 2025:KHC:41434 WP No. 24949 of 2025 8. Accordingly, I pass the following: ORDER i. This petition is allowed; ii. A direction is issued to II Additional Senior Civil Judge and JMFC, Nelamangala to dispose of the suit expeditiously on priority basis; iii. The trial Court is at liberty to impose costs on both parties for unnecessary adjournments; iv. It is made clear that this Court has not expressed any opinion on merits of the matter; Ordered accordingly. SD/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 3 CT: BHK