Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49471 WP No. 34155 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 34155 OF 2025 (GM-CPC) BETWEEN:
SRI. RASHID M E S/O INDINABBA AGED ABOUT 61 YEARS R/AT RANIPET, MADIKERI - 571 201 KODAGU DISTRICT. …PETITIONER (BY SRI. RANJAN KUMAR K, ADVOCATE) AND:
SRI. M.E. NAZEER S/O INDINABBA AGED ABOUT 65 YEARS R/A MAHADEVPET OPP. BASAVESHWARA TEMPLE MADIKERI TOWN - 571 201 KODAGU DISTRICT. …RESPONDENT
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITTUION OF INDIA PRAYING TO 1. TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION TO THE HON'BLE COURT OF THE SENIOR CIVIL JUDGE AND CJM, MADIKERI, KODAGU, TO EXPEDITIOUSLY
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49471 WP No. 34155 of 2025
DISPOSE OF THE FDP NO 6/2025 PENDING ON ITS FILE AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL ORDER Heard learned counsel for the petitioner. The objections raised by the Registry are overruled. The prayers sought in this petition by the petitioner are as under:
1. To issue a writ of Mandamus or any other appropriate Writ, Order, or Direction to the Hon'ble Court of the Senior Civil Judge and CJM, Madikeri, Kodagu, to expeditiously dispose of the FDP No.6/2025 pending on its file, or
2. To issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction to the Hon'ble Court of the Senior Civil Judge and CJM, Madikeri, Kodagu, to expeditiously hear and dispose of pending application in F.D.P.No.6/2025, for the appointment of a Receiver (I.A. No.3) dated 11/09/2025.
3. To pass such other and further reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity.
2. Learned counsel for the petitioner does not press prayer No.1 of the petition. He submits that he would be
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HC-KAR NC: 2025:KHC:49471 WP No. 34155 of 2025
satisfied if the second prayer is considered and direction is given to the learned Trial Judge to consider his application expeditiously for appointment of receiver on I.A.No.3.
3. This Court does not find any need or necessity to issue notice to the respondent for the reason that the only prayer made by the petitioner is innocuous for a direction to the Trial Judge in FDP.No.6/25 to expeditiously dispose of the application filed in I.A.No.3 for appointment of receiver. I do not find any legal impediment or hurdle in allowing this petition.
4. Accordingly, I pass the following:
ORDER i. The writ petition is allowed; ii. A direction is issued to Senior Civil Judge and CJM, Madikeri, Kodagu, to expeditiously dispose of the application/I.A.No.3 filed by the petitioner for appointment of a receiver in accordance with law;
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HC-KAR NC: 2025:KHC:49471 WP No. 34155 of 2025
iii. It is needless to mention that the learned Judge shall provide an opportunity to other contesting parties and pass a reasonable order expeditiously.
Sd/- (PRADEEP SINGH YERUR) JUDGE
HDK List No.: 1 Sl No.: 45