Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34035 WP No. 19821 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 19821 OF 2025 (GM-CPC) BETWEEN:
1.
SMT. AHAMADI BEGUM, AGED ABOUT 71 YEARS, W/O MOHAMMED MAZHARUDDIN, R/AT OLD No.19, NEW No.13, 8TH CROSS, 20TH MAIN, JAI BHEEM NAGAR, B.T.M. LAYOUT 1ST PHASE, BANGALORE -68.
REPRESENTED BY HER G.P.A. HOLDER AKBAR PASHA, S/O LATE SULAMAN SAHEB, AGED ABOUT 86 YEARS, R/AT No.165, 4TH CROSS, JHBCS LAYOUT, BANGALORE -78. …PETITIONER (BY SRI MOHANA CHANDRA P., ADVOCATE (ABSENT))
AND:
1.
SMT. VENKATA LAKSHMAMMA, W/O LATE MUNIYABOVI, AGED ABOUT 71 YEARS,
2.
MR. NARAYANA, AGED ABOUT 56 YEARS, S/O LATE MUNIYABOVI,
Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:34035 WP No. 19821 of 2025
3.
MR. SRINIVASA, AGED ABOUT 49 YEARS, S/O LATE MUNIYABOVI
4.
SMT. VISHALAKSHI, AGED ABOUT 41 YEARS, D/O LATE MUNIYABOVI,
5.
SMT. NARAYANAMMA, DEAD BY L.R.
MR. KRISHNAPPA S/O LATE NARAYANAMMA, AGED ABOUT 44 YEARS, R/AT No.147, NEAR GUDDADA ANJANEYA SWAMY TEMPLE, RAVUGODLU, KAGGALIPURA POST, BANGALORE SOUTH TALUK.
6.
7.
8.
SMT. GOWRAMMA DEAD BY HER L.RS.
KRISHNA, AGED ABOUT 52 YEARS, DEAD BY HIS L.RS.
SMT. GOWRAMMA, AGED ABOUT 35 YEARS, W/O LATE KRISHNA,
MASTER KRISHNA AGED ABOUT 12 YEARS, S/O LATE KRISHANA
KUMARI KEETHANA, AGED ABOUT 10 YEARS, S/O LATE KRISHNA
No.7 AND 8 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL FRIEND
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HC-KAR NC: 2025:KHC:34035 WP No. 19821 of 2025
SMT. GOWRAMMA, R/AT KADUJAKKASANDRA VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK-562112.
9.
SMT. YELLAMMA, AGED ABOUT 73 YEARS, D/O LATE MUNIVENKATABOVI,
No.1 TO 4, 9 ARE R/AT KADUJAKKASANDRA VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK-562112. …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT OF CIVIL JUDGE KANAKAPURA TO EXPEDITIOUS DISPOSE OF THE PETITION IN EX. CASE No.7/2015 WITHIN A REASONABLE TIME FIXED BY THIS HON'BLE COURT
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
There is no representation for the petitioner.
2. In view of the limited prayer made in the petition, this Court has examined the writ papers.
3. The prayer in the writ petition is for issuance of a writ of mandamus to the II Additional Civil Judge and JMFC,
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HC-KAR NC: 2025:KHC:34035 WP No. 19821 of 2025
Kanakapura, to ensure expeditious disposal of Execution Petition in Ex. Case No.7/2015 within a stipulated time frame.
4. The petitioner had instituted a suit for recovery in the year 2014, which came to be decreed on 12.02.2015 in O.S. No.95/2014. Pursuant thereto, the petitioner filed Ex. Case No.7/2015 in the year 2015. A perusal of the order sheet in the execution case indicates that there has been no substantive progress in the execution proceedings. It is pertinent to note that while the suit itself came to be decreed within one year, the execution of the decree has remained pending for more than ten years. This Court finds no justifiable reason for such delay in execution of the decree.
5. In the aforesaid circumstances, the Trial Court is
directed to expedite the proceedings in Ex. Case No.7/2015 and complete the execution within a period of ten months from the date of receipt of a certified copy of this order.
6. The Registry is directed to transmit a copy of this
order to the Court of the II Additional Civil Judge and JMFC, Kanakapura, for necessary action.
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HC-KAR NC: 2025:KHC:34035 WP No. 19821 of 2025
7. With the above observations, the writ petition stands disposed of.
Sd/- (K. V. ARAVIND) JUDGE
VBS List No.: 1 Sl No.: 25