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2025 DAILYLAW 56973 (KAR)

SRI T RAMAIAH v. SRI B S NAGENDRA PRASAD

WP/19836/2025 · 2025-07-29

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:29063 WP No. 19836 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. 19836 OF 2025 (GM-CPC) BETWEEN: SRI T RAMAIAH S/O LATE THIMMAIAH, AGED ABOUT 72 YEARS, R/AT NO.01, BEL LAYOUT, DWARAKA ROAD, BENGALURU-560091 …PETITIONER (BY SRI. A. MADHUSUDHANA RAO, ADVOCATE) AND: 1. SRI B S NAGENDRA PRASAD S/O LATE SIDDALINGAIAH, SINCE DEAD BY HIS LRS SRI BASAVARAJU, S/O LATE B S NAGENDRA PRASAD, AGED ABOUT 39 YEARS, 2. SMT MAMATHA D/O LATE B S NAGENDRA PRASAD, AGED ABOUT 37 YEARS, BOTH ARE R/AT NO.5/2, 9TH CROSS, MAGADI ROAD, BENGALURU-560023 3. SMT JAYAMMA W/O SRI SHIVARUDRAPPA, AGED ABOUT 46 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29063 WP No. 19836 of 2025 R/AT NO.615, 'SRS NILAYA', GANAPATHI STREET, TAVAREKERE, BENGALURU SOUTH TALUK, BENGALURU-562130 4. SMT. INDIRA BAI W/O THUKARAM, AGED MAJOR, R/AT NEAR PANCHAMUKHI GANESHA TEMPLE, GANAPATHI LAYOUT TAVAREKERE BENGALURU SOUTH TALUK, BENGALURU-562130 5. SRI MAHAVEER KUMAR S/O SRI BABULAL, AGED ABOUT 47 YEARS, R/AT MAGADI MAIN ROAD, TAVAREKERE, BENGALURU SOUTH TALUK, BENGALURU-562130 6. SMT VIMALA W/O SRI MANJUNATHA ADIGA, AGED ABOUT 64 YEARS, R/AT NO.232, 4TH CROSS, 2ND MAIN, NEAR SRINIVASA KALYANA MANTAPA, HONGASANDRA, BENGALURU-562130 7. SMT. GANGAMMA W/O SRI GANGAREVANNA, DEAD BY LRS., SRI REVANNA, S/O LATE GANGAMMA, AGED ABOUT 74 YEARS, - 3 - HC-KAR NC: 2025:KHC:29063 WP No. 19836 of 2025 8. SRI BASAVARAJU S/O REVANNA, AGED ABOUT 49 YEARS, 9. SMT. SUSHEELA D/O REVANNA AGED ABOUT 47 YEARS, 10. SMT UMA D/O REVANNA, AGED ABOUT 45 YEARS, RESPONDENT NOS.7 TO 10 ARE R/AT PUTTAIAHNAPALYA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK-562130 11. SRI KANTHARAJU S/O VEERAHANUMAIAH, AGED ABOUT 55 YEARS, R/AT S G P LAYOUT, TAVAREKERE, BENGALURU SOUTH TALUK, BENGALURU-562130 12. SRI AHAMED KHAN S/O BASEER KHAN, AGED ABOUT 51 YEARS, R/AT KENGERI MAIN ROAD, TAVAREKERE, BENGALURU SOUTH TALUK, BENGALURU-562130 13. SMT. NAGAMMA W/O SRI T RANGAPPA, AGED ABOUT 59 YEARS, R/AT NEAR PANCHAMUKHI GANESHA TEMPLE, BEHIND HIGH SCHOOL, TAVAREKERE, BENGALURU SOUTH TALUK, BENGALURU-562130 - 4 - HC-KAR NC: 2025:KHC:29063 WP No. 19836 of 2025 14. SRI SHIVANNA S/O SRI PUTTAIAH, AGED ABOUT 55 YEARS, R/AT KUMBARA STREET, TAVAREKERE, SIDDALINGAPPA LAYOUT, BENGALURU SOUTH TALUK, BENGALURU-562130 15. SRI T RANGAPPA S/O SRI THIMMAIAH, AGED ABOUT 69 YEARS, R/AT NEAR PANCHAMUKHI GANESHA TEMPLE, BEHIND HIGH SCHOOL, TAVAREKERE, BENGALURU SOUTH TALUK, BENGALURU-562130 16. SRI SHANKAR S/O SRI SEETHARAMAIAH, AGED ABOUT 69 YEARS, R/AT NEAR PANCHAMUKHI GANESHA TEMPLE, BEHIND HIGH SCHOOL, TAVAREKERE, BENGALURU SOUTH TALUK, BENGALURU-562130 17. SMT. MANJULA D/O SRI NAGARAJU, AGED ABOUT 45 YEARS, R/AT KENGERI ROAD, TAVAREKERE, BENGALURU SOUTH TALUK, BENGALURU-562130 18. SRI PUTTARUDRAIAH S/O SRI SIDDALINGAIAH, AGED ABOUT 67 YEARS, R/AT NO.27, I 'B' MAIN ROAD, - 5 - HC-KAR NC: 2025:KHC:29063 WP No. 19836 of 2025 E KRISHNAPPA LAYOUT, VIJAYANAGARA, BENGALURU-560040 19. SRI GANGAREVANNA S/O SRI REVANNA, AGED ABOUT 69 YEARS, R/AT NEAR PANCHAMUKHI GANESHA TEMPLE, SIDDALINGAPPA LAYOUT, GANAPATHI COLONY TAVAREKERE, BENGALURU SOUTH TALUK, BENGALURU-562130 20. SMT. LEELAMBHA W/O SRI C S CHANDRASHEKHAR, AGED ABOUT 39 YEARS, R/AT NO.23-A, 406, 4TH MAIN ROAD, VRISHABHAVATHINAGARA, KAMAKSHIPALYA, BENGALURU-560079 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HONBLE SENIOR CIVIL JUDGE AND JMFC, MAGADI TO DISPOSE THE ABOVE SUIT O.S.NO.151/2016 WITHIN A PERIOD OF 6 MONTHS PENDING ON THE FILE OF HONBLE SENIOR CIVIL JUDGE AND JMFC, MAGADI VIDE ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:29063 WP No. 19836 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "a) Issue a Writ in the nature of mandamus directing the Hon'ble Senior Civil Judge and JMFC, Magadi to dispose the above suit O.S. No.151/2016 within a period of 6 months pending on the file of Hon'ble Senior Civil Judge and JMFC, Magadi, vide Annexure-D. b) Pass any order or direction as this Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity." 2. Heard Sri. A. Madhusudhana Rao, learned counsel appearing for the petitioner and have perused the material on record. 3. The petitioner is the plaintiff, who institutes a suit in O.S.No.151/2015 seeking suit for declaration and injunction. He is before this Court at this juncture seeking a direction for expeditious disposal of the suit in the light of the fact that it is languishing for the last 10 years. - 7 - HC-KAR NC: 2025:KHC:29063 WP No. 19836 of 2025 4. Learned counsel appearing for the petitioner would submit that the concerned Court is granting adjournments time and again without any rhyme or reason. 5. In that light, I deem it appropriate to infuse finality into the proceedings. Therefore, the concerned Court shall endeavour to dispose the suit within an outer limit of six (6) months, if not earlier. With the aforesaid observations, the petition stands disposed. Ordered accordingly. SJK List No.: 1 Sl No.: 72 SD/- (M.NAGAPRASANNA) JUDGE