Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30045 WP No. 22890 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.22890 OF 2025 (GM-CPC) BETWEEN:
1. K.S.ANKEGOWDA S/O LATE SHIVARAMAIAH, AGED ABOUT 44 YEARS, R/O KENCHANAHALLI VILLAGE, HULIYURUDURGA HOBLI, TUMAKURU DISTRICT 572 123. …PETITIONER
(BY SMT. JYOTHI S.K., ADVOCATE) AND:
1. H.M. KRISHNAPPA S/O LATE MUNICHANNAIAH, AGED ABOUT 53 YEARS. R/AT HONNAGANAHATTI VILLAGE. TAVAREKERE TALUK, BENGALURU-562 130. 2. KRISHNAIAH S/O LATE THIMMAIAH DEAD BY LRS IS ALREADY ON RECORD RESPONDENTS NO.2 TO 4
RATHNAMMA, W/O KRISHNAIAH, AGED ABOUT 51 YEARS, R/AT THOREHOSURU VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160. Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:30045 WP No. 22890 of 2025
3. T.K.PAVITHRA, D/O KRISHNAIAH, AGED ABOUT 33 YEARS, R/AT THOREHOSURU VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160. 4. T.K.PRAVAANA, S/O KRISHNAIAH, AGED ABOUT 35 YEARS, R/AT THOREHOSURU VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160. 5. T.RAMESHA, S/O LATE THIMMAIAH, AGED ABOUT 55 YEARS, R/AT THOREHOSURU VILLAGE, MALURU HOBLI, MALURU HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 160. 6. SUMALATHA, W/O T.RAMESHA, AGED ABOUT 50 YEARS, R/AT THOREHOSURU VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160. 7. PAVANKUMAR T.R, S/O T.RAMESHA, AGED ABOUT 24 YEARS, R/AT THOREHOSURU VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562160. - 3 -
HC-KAR NC: 2025:KHC:30045 WP No. 22890 of 2025
8. HARIPRASAD. T.R, S/O T.RAMESHA, AGED ABOUT 21 YEARS, R/AT THOREHOSURU VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160. 9. SANNAMMA @ SAVITRAMMA LATER THIMMAIAH AGED ABOUT 64 YEARS R/AT THOREHOSURU VILLAGE MALURU VILLAGE, CHANNAPATNA TALUK RAMANAGARA DISTRICT -562160 …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE LEARNED SENIOR CIVIL JUDGE, KUNIGAL, TUMAKURU DISTRICT, TO EXPEDITIOUS DISPOSAL OF THE ORIGINAL SUIT IN O.S.NO.83/2020 AT ANNEXURE-A WHICH IS BEING DELAYED DUE TO REPEATED AND UNWARRANTED ADJOURNMENTS SOUGHT BY THE RESPONDENTS. 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 is before this Court seeking the following prayer: a) Issue a writ of mandamus, directing the Learned Trial Court Sr.
Civil Court, Kunigal, Tumakuru
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HC-KAR NC: 2025:KHC:30045 WP No. 22890 of 2025
District to expeditious disposal of the original suit in O.S.No.83/2020 at Annexure A which is being delayed due to repeated and unwarranted adjournments sought by the Respondents. b) Pass such other relief/s as this Hon’ble Court deems fit & proper in the interest of justice & equity. 2. Heard Smt.Jyothi S.K, learned counsel for the petitioner and have perused the material on record. 3. The petitioner is defendant No.9. The 1st respondent/plaintiff institutes O.S.No.83/2020 seeking specific performance of an agreement dated 15.09.2014. The defendant now contends that despite passage of 5 years, the suit is languishing before the concerned Court. 4. In the light of the amendment to the Specific Relief Act with particular reference to Section 20(c), which directs the specific performance suits to be concluded within an outer limit of 12 months and suit being instituted after the amendment. I deem it appropriate to direct the concerned Court to dispose the suit in O.S.No.83/2020 within an outer limit of 4 months from the date of receipt of the copy of the order, if not earlier. - 5 -
HC-KAR NC: 2025:KHC:30045 WP No. 22890 of 2025
5. With the aforesaid direction, the writ petition stands allowed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE
RHS List No.: 1 Sl No.: 93