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2025 DAILYLAW 68804 (KAR)

S KAMALA v. SMT. RAJAMMA SINCE DEAD BY HER LRS KRISHNAPPA

WP/20773/2025 · 2025-08-11

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:30917 WP No. 20773 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20773 OF 2025 (GM-CPC) BETWEEN: S.KAMALA W/O HANUMANTHAPPA AGED ABOUT 70 YEARS R/AT H.NO.5062, 6TH CROSS ASHOKANAGAR, TUMAKURU – 572 103. …PETITIONER (BY SRI KISHAN G. S., ADVOCATE) AND: SMT. RAJAMMA SINCE DEAD BY HER LRS. RESPONDENT NO.1 TO 5 1. KRISHNAPPA S/O LATE NAGAIAH AGED ABOUT 70 YEARS 2. SHYLAJA D/O KRISHNAPPA AGED ABOUT 42 YEARS 3. KAMALA D/O KRISHNAPPA AGED ABOUT 39 YEARS Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30917 WP No. 20773 of 2025 4. MAHESH S/O KRISHNAPPA AGED ABOUT 36 YEARS 5. KANTHARAJU K., S/O KRISHNAPPA AGED ABOUT 30 YEARS RESPONDENTS NO.1 TO 5 ARE R/AT NEW EXTENSION VAKKODI ROAD, HEGGERE VILLAGE TUMAKURU KASABA TUMAKURU TALUK AND DISTRICT – 572 215. 6. RAVI S/O LATE RAMAKRISHNAIAH AGED ABOUT 34 YEARS 7. CHANDRASHEKHAR S/O LATE RAMAKRISHNAIAH AGED ABOUT 30 YEARS 8. LOKESH S/O LATE RAMAKRISHNAIAH AGED ABOUT 28 YEARS 9. T.C.GEETHA D/O LATE CHINNAIAH AGED ABOUT 32 YEARS 10. T.C.SUJAY S/O LATE CHINNAIAH AGED ABOUT 30 YEARS RESPONDENT NO.6 TO 10 ARE - 3 - HC-KAR NC: 2025:KHC:30917 WP No. 20773 of 2025 R/AT HEGGERE VILLAGE KASABA HOBLI TUMAKURU TALUK AND DISTRICT – 572 215. 11. GANGAMMA W/O LATE MAILARA LINGAPPA D/O YELLAPPA AGED ABOUT 58 YEARS R/AT THIMMARAJANAHALLI BELLARY HOBLI, TUMKUR – 572 128. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT I.E. THE COURT OF THE PRL. CIVIL JUDGE JR. DIVISION AND JMFC, TUMKUR TO EXPEDITIOUSLY DISPOSE OF THE SUIT PENDING BEFORE IT IN OS NO. 1093/2015 ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – defendant No.7 is before this Court seeking the following prayer: “i. Issue an appropriate direction directing the Trial Court i.e., the Court of the Principal Civil Judge Jr. Division and JMFC, Tumkur, to expeditiously dispose of the suit pending before it in O.S.No.1093/2015 (Annexure – D). ii. Grant the costs of this writ petition and grant such other and further reliefs as are just and proper in the facts and circumstances of the case.” - 4 - HC-KAR NC: 2025:KHC:30917 WP No. 20773 of 2025 2. The petitioner is defendant No.7. The suit is instituted for partition in the year 2015 i.e., in O.S.No.1093/2015. Defendant No.7 is before the Court seeking speedy disposal of the said partition suit, which would help all the parties. 3. Therefore, in the light of the prayer being innocuous and without issuing notice to the respondents, the writ petition is allowed, with a direction to the concerned Court to endeavour to conclude the proceedings with an outer limit of one year from the date of receipt of a copy of the order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 67 CT:SS