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2025 DAILYLAW 55550 (KAR)

MRS. SAMPADA KUMARI v. MR. SHREYAMSA KUMAR

WP/20128/2025 · 2025-08-04

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29997 WP No. 20128 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20128 OF 2025 (GM-CPC) BETWEEN: MRS. SAMPADA KUMARI, W/O MR. MANJAIAH JAIN, AGED ABOUT 62 YEARS, KARNATAKA POWER CORPORATION QUARTERS, POST:ARULAGUDU, TALUK:SAGAR. SENIOR CITIZEN NOT CLAIMED. …PETITIONER (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE) AND: 1. MR. SHREYAMSA KUMAR, S/O LATE MRS. AMMAJIYAMMA, AGED ABOUT 66 YEARS, PALERO HOUSE, ALANTHAYA VILLAGE, POST:GOLITHOTTU, PUTTUR TALUK – 574 229, D.K. 2. MR. CHANDRASHEKARA SHETTY, S/O SRI. NAGARAJA SHETTY, AGED 82 YEARS, 3. MR. AMARESHA, S/O SRI. CHANDRASHEKARA SHETTY, AGED 49 YEARS, 4. MR. PRASAD, S/O SRI. CHANDRASHEKARA SHETTY, AGED 46 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29997 WP No. 20128 of 2025 5. MR. ANIL, S/O SRI. CHANDRASHEKARA SHETTY, AGED 45 YEARS, 6. MRS. ASHWINI, D/O SRI.CHANDRASHEKARA SHETTY, AGED 43 YEARS, REPSONDENTS NO.3 TO 6 ARE RESIDING AT SHANTHI PRASAD HOTEL, POST: VENOOR – 574 242, BELTHANGADY TALUK, D.K. 7. MRS. VAJRA KUMARI, W/O MR. PRADEEP KUMAR, AGED ABOUT 64 YEARS, MANTRADI HOSAMANE, POST:HOSMAR – 574 102, KARKALA TALUK, UDUPI DISTRICT. 8. DHANYASHREE, D/O LATE SMT. BHARATHI, R/O PARDIKUMERU HOUSE, IRVATTUR VILLAGE – 574 114, KARKALA TALUK, UUPI DISTRICT. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) DIRECTING THE DISPOSAL OF FDP NO.22/2010 PENDING ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND ACJM, PUTTUR, D.K., WITHIN A TIME BOUND PERIOD OF 6 MONTHS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29997 WP No. 20128 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "(a) directing the disposal of FDP No.22/2010 pending on the file of Prl. Senior Civil Judge and ACJM, Puttur, D.K., within a time bound period of 6 months. (b) Issue such other relief's as it deems fit to grant." 2. Heard Sri.K.Chandranath Ariga, learned counsel appearing for the petitioner and have perused the material on record. 3. The petitioner was before this Court in Writ Petition No.14672/2016, which comes to be disposed on 04.03.2021, by the following order: "3. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court is of a considered view that the suit in question merits expeditious disposal since the right to speedy justice is recognized by the Apex Court as a facet of Article 21 of the Constitution of India. In the above circumstances, this writ petition is disposed off requesting the learned Prl. Civil Judge (Sr.Dn), Puttur to try & dispose off petitioner’s two - 4 - HC-KAR NC: 2025:KHC:29997 WP No. 20128 of 2025 decade old suit within an outer limit of one year and report compliance to the Registrar General of this Court. 4. The Coordinate Bench of this Court directed conclusion of the trial within an outer limit of one year. The order is passed on 04.03.2021. Learned counsel for the petitioner submits that despite the direction, the concerned Court has not concluded the proceedings. 5. In that light, the petition deserves to succeed with a direction to the concerned Court in F.D.P.No.22/2010 to dispose the said Final Decree Proceedings within an outer limit of four months from the date of receipt of the copy of this order, if not earlier. Ordered accordingly and Writ Petition is disposed. SD/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 48