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2025 DAILYLAW 51561 (KAR)

SRI NARAYANAPPA v. SRI NARAYANAPPA

WP/35882/2025 · 2025-12-02

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50191 WP No. 35882 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 35882 OF 2025 (GM-CPC) BETWEEN: 1. SRI NARAYANAPPA S/O. LATE MUNIYAPPA AGED ABOUT 62 YEARS (SENIOR CITIZEN BENEFITS NOT CLAIMED) R/AT GHATTAHALLI VILLAGE HUSKUR POST SARJAPURA HOBLI ANEKAL TALUK, BENGALURU - 560 099. &PETITIONER (BY SRI M.D.RAGHUNATH, ADVOCATE ALONG WITH SRI MANJUNATHA S.V., ADVOCATE) AND: 1. SRI NARAYANAPPA S/O LATE RAMAIAH AGED ABOUT 75 YEARS RESIDING AT NAYANDAHALLI VILLAGE, NEAR RAILWAY GATE MYSORE ROAD, BENGALURU -560 030. 2. SMT. NANJAMMA D/O. LATE RAMAIAH AGED ABOUT 60 YEARS. 3. SMT. RENUKA D/O. LATE SRI NARAYANASWAMY AGED ABOUT 45 YEARS D/O LATE RAMAIAH AGED ABOUT 60 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50191 WP No. 35882 of 2025 RESPONDENT NO.2 & 3 ARE RESIDING AT HALE PLAYA DINNAHALLI POST MASTI HOBLI, MALUR - 563 139. 4. SMT. RAMAVATHI W/O. LATE ANJINAPPA AGED ABOUT 55 YEARS. 5. SMT. SAVITHA D/O. LATE ANJINAPPA AGED ABOUT 40 YEARS. 6. SMT. SUMITHRA D/O. LATE ANJINAPPA AGED ABOUT 37 YEARS. 7. SRI RAVI S/O. LATE ANJINAPPA AGED ABOUT 35 YEARS RESIDING AT NAYANDAHALLI VILLAGE, NEAR RAILWAY GATE MYSORE ROAD, BENGALURU -560 030. 8. SMT. LAKSHMAMMA W/O. LATE SRI BEERAPPA AGED ABOUT 80 YEARS. 9. SMT. KANTHAMMA D/O. LATE SRI BEERAPPA AGED ABOUT 45 YEARS RESPONDENT NO.8 AND 9 ARE R/AT GHATTAHALLI VILLAGE HUSKUR POST, SARJAPURA HOBLI ANEKAL TALUK, BENGALURU 560 099. &RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF - 3 - HC-KAR NC: 2025:KHC:50191 WP No. 35882 of 2025 MANDAMUS TO IV ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL IN O.S.NO.41/2014 AS PER ANNEXURE-A TO DISPOSE OF THE SUIT WITHIN SIX. 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 petitioner-plaintiff. 2. This petition is filed by the petitioner-plaintiff seeking following relief: "a. Issue a Writ of mandamus to the IV ADDITIONAL CIVIL JUDGE AND JMFC ANEKAL, BENGALURU RURAL in O.S No.41/2014 as per ANNEXURE-A to dispose of the suit within six months. b. Pass any other Writ, Order, direction, as this Hon'ble Court may deem fit in the circumstances of the Case, in the interest of justice and equity." 3. This Court does not find any need or necessity to issue notice to the respondents-defendants, as no relief is sought against them and so also no adverse order is - 4 - HC-KAR NC: 2025:KHC:50191 WP No. 35882 of 2025 passed against them. The only relief that is sought in the present writ petition is to direct IV Additional Civil Judge and JMFC, Anekal, Bengaluru Rural to dispose of the suit in O.S.No.41/2014 within a period of six months. 4. Learned counsel for petitioner-plaintiff contended that the trial Court has not yet disposed of the suit and also the respondents-defendants are deliberately prolonging and protracting the proceedings. Therefore, the trial Court may be directed to dispose of the suit as expeditiously as possible. 5. Considering the fact that the suit is of the year 2014 pending before the trial Court, this Court is inclined to direct the trial Court to expedite the matter in accordance with law. 6. Accordingly, I pass the following: ORDER i. This petition is allowed; - 5 - HC-KAR NC: 2025:KHC:50191 WP No. 35882 of 2025 ii. A direction is issued to IV Additional Civil Judge and JMFC, Anekal, Bengaluru Rural to dispose of the suit in O.S.No.41/2014 within six months from the date of receipt of a copy of this order; iii. It is made clear that this Court has not expressed any opinion on merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 23