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2025 DAILYLAW 56956 (KAR)

PUTTABYRAIAH v. GANGANNA

WP/15799/2025 · 2025-07-29

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29008 WP No. 15799 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. 15799 OF 2025 (GM-CPC) BETWEEN: 1. PUTTABYRAIAH, S/O LATE KODILINGAIAH, AGED ABOUT 70 YEARS, 2. KRISHNAMURTHY, S/O LATE KODILINGAIAH, AGED ABOUT 63 YEARS, (SENIOR CITIZEN'S BENEFIT NOT CLAIMED) BOTH THE PETITIOENRS ARE R/O YELLAPURA VILLAGE, KASABA HOBLI, ARAKERE POST, TUMKURU DISTRICT - 572 106. …PETITIONERS (BY SRI. RAVI H.K., ADVOCATE) AND: 1. GANGANNA, S/O LATE KODILINGALAH, DEAD BY LRS: SAKAMMA, W/O LATE GANGANNA, AGED ABOUT 80 YEARS, 2. VIJAYRHAJ, S/O LATE GANGANNA, AGED ABOUT 50 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29008 WP No. 15799 of 2025 3. GANGAMMA, D/O LATE GANGANNA, W/O KRISHANAMURTHY, AGED ABOUT 52 YEARS, 4. LINGARAJU G., S/O LATE GANGANNA, AGED ABOUT 46 YEARS, 5. Y.G. UMESHA, S/O LATE GANGANNA, AGED ABOUT 42 YEARS, R1 TO R5 ARE RESIDENTS OF SIDDAGIRI NAGARA, YALLAPURA, ARAKERE POST, KASABA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 106. 6. ANUSUYA, D/O LATE GANGANNA, W/O SEETHARAMAIAH, AGED ABOUT 44 YEARS, R/AT NAVILUKURIKE VILLAGE, JATTI AGRAHARA POST, C.N. DURGA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT -572 129. 7. POORNIMA, W/O D. SURESH, D/O PUTTABYRAIAH, AGED ABOUT 35 YEARS, R/O YELLAPURA VILLAGE, KASABA HOBLI, ARAKERE POST, TUMKURU DISTRICT - 572 106. 8. LAKSHMAKKA, W/O DODDAIAH, - 3 - HC-KAR NC: 2025:KHC:29008 WP No. 15799 of 2025 D/O KODILINGAIAH, AGED ABOUT 85 YEARS, 9. AKKAMMA, W/O LATE SIDDAPPA, D/O KODILINGAIAH, AGED ABOUT 65 YEARS, RESPONDENT NO.8 AND 9 ARE R/O NAVILUKURIKE, CHANNARAYADURGA HOBLI, AGRAHARA POST, KORATAGERE TALUK, TUMKUR DISTRICT -572 129. 10. CHIKKANNA @ KURICHIKKANNA, S/O LATE HUCHAIAH, AGED 92 YEARS, R/O YELLAPUR, KASABA HOBLI, AREKERA POST, TUMKUR - 572 106. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.01.2022 VIDE ANNX-A PASSED BY THE COURT OF THE 1ST ADDL. CIVIL JUDGE AND JMFC TUMKUR IN O.S.NO.1178/2012 ON IA NO. IX FILED BY THE R-10 UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CIVIL PROCEDURE CODE AND BY ISSUING THE WRIT OF CERTIORARI AND CONSEQUENTLY DISMISS THE SAID IA NO.IX. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:29008 WP No. 15799 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking the following prayers: "Quash the order dtd 10.01.2022 vide Annexure-A passed by the Court of the 1st Addl. Civil Judge and JMFC, Tumkur in O.S.No.1178/2012 on IA No.IX filed by the Respondent No.10 under Order 1 Rule 10(2) Read With Section 151 of Civil Procedure Code and by issuing the Writ of Certiorari and consequently dismiss the said IA No. IX". 2. Heard Sri.Ravi H.K., learned counsel appearing for the petitioners and have perused the material on record. 3. After arguing the matter at length, learned counsel for the petitioners would restrict his prayer with a direction to the concerned Court to conclude the proceedings within a time frame. Learned counsel for the petitioners would further contend that the present suit for partition is an off-shoot of the earlier suit for partition. - 5 - HC-KAR NC: 2025:KHC:29008 WP No. 15799 of 2025 In that light, the concerned Court shall endeavor to conclude these proceedings within nine months from the date of receipt of the copy of the order, if not earlier. Ordered accordingly and Writ Petition is disposed. SD/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 32