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2025 DAILYLAW 68780 (KAR)

SMT SHASHIKALA V P R v. SMT SHARADHAMMA

WP/28398/2025 · 2025-10-24

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42164 WP No. 28398 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 28398 OF 2025 (GM-CPC) BETWEEN: SMT. SHASHIKALA V.P.R., DAUGHTER OF K.T. RANGANATH ALIAS K.T. SAMPATH, AGED ABOUT 60 YEARS, RESIDING AT 23/9, SAI SIDDHI ENCLAVE APARTMENT, APARTMENT NO. 301, 1ST CROSS, J.P.NAGAR 1ST PHASE, V.R.LAYOUT, BENGALURU - 560 078. …PETITIONER (BY SRI AJAY RAO, ADVOCATE) AND: 1. SMT. SHARADHAMMA, W/O. LATE NARASIMHASWAMY, DAUGHTER IN LAW OF LATE PAPANNA, AGED ABOUT 65 YEARS, RESIDING AT: 12, 5TH MAIN ROAD, 14TH CROSS WILSON GARDEN, BANGALORE - 560 030. 2. SRI KRISHNAMURTHY N., SON OF LATE PAPANNA, AGED ABOUT 74 YEARS, RESIDING AT: 12, 5TH MAIN ROAD, 14TH CROSS, WILSON GARDEN, BANGALORE - 560 030. 3. SRI MURTHY N. N., SON OF LATE PAPANNA, AGED ABOUT 68 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42164 WP No. 28398 of 2025 RESIDING AT: 12, 5TH MAIN ROAD 14TH CROSS WILSON GARDEN BANGALORE - 560 030. 4. SRI NANJAPPA, SON OF LATE BYRAPPA, AGED ABOUT 75 YEARS , RESIDING AT: NO.3, 5TH CROSS, CHORULUPALYA, MAGADI ROAD, BANGALORE - 560 023. 5. SRI NARAYANAPPA B., SON OF LATE BYRAPPA, AGED ABOUT 74 YEARS, RESIDING AT: NO.21, 14TH CROSS, 1ST MAIN, KRISHNANADANAGAR, MALAGALU VILLAGE, NAGARBHAVI 2ND STAGE, BANGALORE - 560 091. 6. SRI NARASAPPA B., SON OF LATE BYRAPPA, AGED ABOUT 66 YEARS, RESIDING AT: 06, 12TH CROSS, PIPE LINE CHOLURUPALYA, BANGALORE - 560 023. 7. SRI SHIVALINGAPPA, SON OF LATE NARASIMAIAH, AGED ABOUT 65 YEARS, RESIDING AT: NO.8, 1ST MAIN, 8TH CROSS, BORANNA COMPOUND, NEAR AMBAMAHESHWARI TEMPLE, KAMAKSHIPALYA, BANGALORE - 560 079. 8. SRI SURESHA, SON OF LATE NARASIMAIAH, AGED ABOUT 50 YEARS, RESIDING AT: NO.8, 1ST MAIN, 8TH CROSS, BORANNA COMPUND, NEAR AMBAMAHESHWARI TEMPLE, KAMAKSHIPALYA, BANGALORE - 560 079. - 3 - HC-KAR NC: 2025:KHC:42164 WP No. 28398 of 2025 9. SRI ASHWATHA, SON OF LATE NARASIMAIAH, AGED ABOUT 50 YEARS, RESIDING AT: NO. 8, 1ST MAIN, 8TH CROSS, BORANNA COMPUND, NEAR AMBAMAHESHWARI TEMPLE, KAMAKSHIPALYA, BANGALORE - 560 079. 10. SRI CHIKKANNA, SON OF NARASANNA, AGED ABOUT 68 YEARS, RESIDING AT NO.4, 2ND CROSS, CHENNIGAPPA LAYOUT, GANESHA TEMPLE ROAD, VRISHABHAWATHINAGARA BANGALORE - 560 079. 11. SRI NARASIMHAMURTHY, SON OF NARASANNA, AGED ABOUT 61 YEARS, RESIDING AT NO.4, 2ND CROSS, CHENNIGAPPA LAYOUT , GANESHA TEMPLE ROAD, VRISHABHAWATHINAGARA, BANGALORE - 560 079. 12. SMT. LATE LAXMIVARA @ PRAMILA, WIFE OF LATE K.T. SAMPATH, RESIDING AT #319, 1ST MAIN, 3RD BLOCK, BEHIND 10TH BTS DEPOT, CAMBRIDGE LAYOUT, ULSOOR, BANGALORE - 560 008. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE ADDITIONAL SENIOR CIVIL AND JMFC JUDGE, MAGADI, RAMANAGARA TO DISPOSE OFF THE SUIT IN O.S.NO.914/2014 (ANNEXURE-A) IN AN EXPEDITIOUS AND TIME BOUND MANNER. - 4 - HC-KAR NC: 2025:KHC:42164 WP No. 28398 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner. 2. This petition is filed by the petitioner-defendant No.4 seeking a direction to the Additional Senior Civil Judge and JMFC, Magadi to dispose of the suit in O.S.No.914/2014 in an expeditious and time-bound manner. 3. This Court is not inclined to issue notice to the respondents, as no adverse orders are passed against the respondents and no relief is sought against the respondents. The only relief sought by the petitioner- defendant No.4 in this case is for expeditious disposal of the suit. 4. Learned counsel for petitioner contended that the trial Court has not yet disposed of the suit and also the - 5 - HC-KAR NC: 2025:KHC:42164 WP No. 28398 of 2025 respondents are deliberately prolonging and protracting the proceedings. Therefore, the trial Court may be directed to dispose of the suit as expeditiously as possible. 5. Considering the fact that the suit is of the year 2014, this Court is inclined to direct the trial Court to expedite the matter in accordance with law. 6. Accordingly, I pass the following: ORDER i. This petition is allowed; ii. The Additional Senior Civil Judge and JMFC, Magadi, is hereby directed to dispose of the suit in O.S.No.914/2014 expeditiously in a time-bound manner not later than eight months from the date of receipt of a copy of this order; iii. The trial Court is at liberty to impose exemplary cost on both parties for unnecessary adjournments; - 6 - HC-KAR NC: 2025:KHC:42164 WP No. 28398 of 2025 iv. Both parties shall cooperate in the expeditious disposal of the suit; v. It is made clear that this Court has not expressed any opinion on merits of the matter. Sd/ (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 13 CT: BHK