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2025 DAILYLAW 56282 (KAR)

SMT KULLAYAMMA v. SMT PARVATHAMMA

WP/20711/2025 · 2025-07-29

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:29066 WP No. 20711 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20711 OF 2025 (GM-CPC) BETWEEN: 1. SMT KULLAYAMMA W/O PENCHALAIAH, AGED ABOUT 58 YEARS, 2. SRI. NARASIMALU, S/O PENCHALAIAH, AGED ABOUT 42 YEARS, 3. SRI MARUTHI RAO, S/O PENCHALAIAH, AGED ABOUT 40 YEARS 4. SRI SRIRAMACHANDRA S/O PENCHALAIAH, AGED ABOUT 38 YEARS ALL ARE R/AT OLD NO. 329 NEW NO. 288, 11TH MAIN ROAD, NARASIPURA LAYOUT, VIDYARANYAPURA POST, BANGALORE - 560097 …PETITIONERS (BY SRI. RAMESHA B.M., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29066 WP No. 20711 of 2025 AND: 1. SRI. G. PULLAIAH S/O LATE G. SURAIAH AGED ABOUT 78 YEARS 2. SRI G SURENDRA KUMAR S/O G PULLAIAH, AGED ABOUT 52 YEARS 3. SRI NARASIMHAMURTHY G S/O G PULLAIAH, AGED ABOUT 52 YEARS ALL ARE R/AT OLD NO. 329, NEW NO. 288, 11TH MAIN ROAD, NARASIPURA LAYOUT, VIDYARANYAPURA POST, BANGALORE - 560097. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE IN-CHARGE COURT TO DISPOSE OF THE SUIT IN O.S.NO.696/2012 AS EARLIEST POSSIBLE, WHICH IS PENDING ON THE FILE OF 1ST ADDL. CIVIL JUDGE, AT BANGALORE RURAL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29066 WP No. 20711 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayer: "A. Issue writ in the nature of Mandamus or any other appropriate writ or order, directing the In-charge Court to dispose of the suit in O.S.No.696/2012 as earliest possible, which is pending on the file of 1st Addl. Civil Judge, at Bangalore Rural. B. Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the matter." 2. Heard Sri. Ramesha B.M., learned counsel appearing for the petitioners and have perused the material on record. 3. The petitioners are the defendants in a suit instituted by the plaintiffs in O.S.No.696/2012 for permanent injunction. They are before the Court seeking a direction for expeditious disposal. 4. It is surprising that a suit for permanent injunction is languishing before the concerned Court for the last 13 years. - 4 - HC-KAR NC: 2025:KHC:29066 WP No. 20711 of 2025 In that light, though the Apex Court has directed that timeline should not be fixed for disposal of the suit before the concerned Court, the suit for injunction being pending for 13 years would undoubtedly entail a direction for the expeditious disposal. 5. In that light, the concerned Court shall endeavour to conclude the proceedings within a period of six (6) months from the date of receipt of a copy of the order, if not earlier. With the aforesaid observations, the petition stands disposed. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 90