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2025 DAILYLAW 48840 (KAR)

SMT. ANURADHA v. SMT. SHAMALA MURTHY

WP/12630/2024 · 2025-02-17

R Nataraj

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6926 WP No. 12630 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO.12630 OF 2024 (GM-CPC) BETWEEN: SMT. ANURADHA D/O LATE D.MURTHY, W/O SRI A.SHANTHAKUMAR, AGED ABOUT 44 YEARS, R/AT NO.4, 15TH CROSS, 17TH MAIN, J.P.NAGAR, 2ND PHASE, BENGALURU – 560 078. …PETITIONER (BY SRI. ANIL KUMAR SHETTY, ADVOCATE FOR SRI. S.SHAKER SHETTY, ADVOCATE) AND: 1. SMT. SHAMALA MURTHY W/O LATE D.MURTHY, AGED ABOUT 63 YEARS, 2. SRI. M. NAVEEN KUMAR S/O LATE D.MURTHY, AGED ABOUT 38 YEARS, 3. SRI. M. SRIDHAR S/O LATE D.MURTHY, AGED ABOUT 38 YEARS, RESPONDENTS NO.1 TO 3 RESIDING AT NO.21/E, 59TH A CROSS, 4TH ‘N’ BLOCK, RAJAJINAGAR, BENGALURU – 560 010. …RESPONDENTS Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:6926 WP No. 12630 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 31ST ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU TO DISPOSE OF THE PENDING APPLICATIONS–I.A.NO.4 AND I.A.NO.5 IN O.S.NO.4249/2019 VIDE ANNEXURE C & D WITHIN A SPECIFIED TIME AS MAY BE DEEMED APPROPRIATE BY THIS HON’BLE COURT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R.NATARAJ ORAL ORDER The petitioner has sought for a direction to 31st Addl. City Civil and Sessions Judge, Bengaluru, to dispose of I.A.Nos.4 and 5 filed in O.S.No.4249/2019. She has also sought for a direction to the trial Court to dispose of the suit within a reasonable time frame. 2. When the petition is listed for preliminary hearing, learned counsel for the petitioner submits that I.A.Nos.4 and 5 were disposed of by order dated 23.10.2024 and therefore, first of the relief sought for has become infructuous. However, he prays that suitable direction be issued to the trial Court to dispose of the suit. - 3 - NC: 2025:KHC:6926 WP No. 12630 of 2024 3. Since, the suit is filed in the year 2019 and in view of the judgment of the Hon’ble Apex Court in the case of High Court Bar Association, Allahabad Vs. State of U.P., & Others1, no direction can be issued to the trial Court to dispose of the suit. However, the trial Court is directed to dispose of the suit in accordance with the Karnataka (Case Flow Management in Subordinate Case) Rules, 2005. Sd/- (R. NATARAJ) JUDGE PB List No.: 1 Sl No.: 36 1 (2024) 2 SCR 946