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2025 DAILYLAW 68995 (KAR)

SRI. B N GURUMURTHY v. SRI.B. LAKSHMINARAYANA

WP/27533/2025 · 2025-11-12

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46423 WP No. 27533 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.27533 OF 2025 (GM-CPC) BETWEEN: SRI B.N.GURUMURTHY S/O.B.M.NARAYANAPPA AGED ABOUT 71 YEARS R/AT FORT, SHIDLAGATTA TOWN CHIKKABALLAPURA DISTRICT-560 125 …PETITIONER (BY SRI SUYOG HERELE E., ADVOCATE) AND: SRI B.LAKSHMINARAYANA S/O.BYRAREDDY AGED ABOUT 47 YEARS MANJUNATH MOTORS/ MANJUNATH HERO R/AT NEAR KSRTC BUS STAND OPP.TO SHARADA CONVENT SCHOOL SHIDALAGHATTA TOWN CHIKKABALLAPURA DISTRICT-562 105 ALSO R/AT KANAKANAGARA WARD NO.1 OPP. TO SAGAR SPECIALTY CLINIC BENGALURU MAIN ROAD SHIDLAGHATTA CHIKKABALLAPURA DISTRICT-562 105 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SENIOR CIVIL JUDGE AND JMFC AT SHIDLAGATTA TO EXPEDITIOUSLY DISPOSE THE SUIT IN OS.NO.213/2023 NOT LATER THAN SIX MONTHS. (PRODUCED AT ANNEXURE-A). Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46423 WP No. 27533 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner-plaintiff. 2. This petition is filed by the petitioner-plaintiff seeking for the following relief: "i. Issue a writ in the nature of Mandamus or any other Writ and Direct the learned the Senior Civil Judge and JMFC at Shidlagatta to expeditiously disposal of the suit in OS.No.213/2023 not later than 6 months, in the ends of justice. (Produced at Annexure-A) ii. Issue any other Writ or Order and grant such other and further relief as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity." 3. This Court does not find any need to issue notice to the respondent, as no relief is sought against him and so also no adverse order is passed against him. The only relief that is sought in the present writ petition is to direct - 3 - HC-KAR NC: 2025:KHC:46423 WP No. 27533 of 2025 the Senior Civil Judge and JMFC, Shidlghatta to dispose of the suit in OS.No.213/2023 expeditiously. 4. It is the contention of the learned counsel for petitioner-plaintiff that suit is of the year 2023. The respondent-defendant has been protracting and prolonging the proceedings for one or other reason. Hence, the present petition is filed by the plaintiff-petitioner for expeditious disposal of the suit. 5. I have perused the writ petition and there is a valid ground to consider the case of the petitioner-plaintiff for expeditious disposal. 6. Accordingly, I pass the following: ORDER i) This petition is allowed; ii) The Senior Civil Judge and JMFC, Shidlaghatta, is hereby directed to dispose of the suit in OS.No.213/2023 expeditiously; - 4 - HC-KAR NC: 2025:KHC:46423 WP No. 27533 of 2025 iii) The trial Court is at liberty to impose cost on either parties for unnecessary adjournments; 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 LB List No.: 2 Sl No.: 1