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2025 DAILYLAW 70972 (KAR)

SRI NAGARAJU K v. SMT. AKKAYAMMA,

WP/24055/2025 · 2025-08-28

M Nagaprasanna

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33582 WP No. 24055 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24055 OF 2025 (GM-CPC) BETWEEN: SRI NAGARAJU K S/O. LATE KRISHNAPPA, AGED ABOUT 70 YEARS, R/AT. NO.66, 3RD MAIN ROAD, MLA LAYOUT, R T NAGAR, BANAGLORE-560032. …PETITIONER (BY SMT. LEELA P. DEVADIGA, ADVOCATE) AND: 1. SMT. AKKAYAMMA, W/O LATE SONNAMARIYAPPA, AGED ABOUT 67 YEARS, R/AT. NAGADENAHALLI VILLAGE, KONAGHATTA POST, KASABAHOBLI, DODDABALLAPUR TALUK-561203. 2. SMT. JAYAMMA, D/O LATE SONNAMARIYAPPA, W/O NARAYANASWAMY, AGED ABOUT 55 YEARS, R/AT. GANGASANDRA VILAGE, TUBAGEREHOBLI, DODDABALLAPUR TALUK-561203. 3. SMT. ANANDAMMA, W/O LATE. SOMANNA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33582 WP No. 24055 of 2025 AGED ABOUT 35 YEARS 4. SUNIL, S/O LATE. SOMANNA, AGED ABOUT 21 YEARS 5. ANIL, S/O LATE. SOMANNA, AGED ABOUT 18 YEARS, NO.3 TO 5 ARE R/AT SOLURU VILLAGE, VISHWANATHAPURA POST, KUNDANA HOBLI, DEVANAHALLI TALUK-561203. 6. SMT. BHAGYAMMA, D/O LATE. SONNAMARIYAPPA, W/O NAGARAJU, AGED ABOUT 39 YEARS R/AT. BIDLURU VILLAGE AND POST, KASABAHOBLI, DEVANAHALLI TALUK-561203. 7. SRI. PILLEGOWDA, S/O LATE. SONNAMARIYAPPA AGED ABOUT 32 YEARS, RESIDING AT NAGDENAHALLI VILLAGE, KONAGHATTA POST, KASABAHOBLI, DODDABALLAPUR TALUK-561203. 8. SMT. CHOWDAMMA, D/O LATE. BYRAPPA, W/O LATE. NARAYANAPPA, AGED ABOUT 82 YEARS, R/AT. NAGDENAHALLI VILLAGE, KONAGHATTA POST, KASABAHOBLI, DODDABALLAPUR TALUK-561203. - 3 - HC-KAR NC: 2025:KHC:33582 WP No. 24055 of 2025 9. SRI. MUNISHAMAPPA S/O LATE. BYRAPPA, DEAD BY HIS LR SRI. ASHWATHAPPA, S/O LATE. MUNISHAMAPPA, AGED ABOUT 45 YEARS, R/AT: NAGDENAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK. BENGALURU RURAL DISTRICT-561203. 10. SRI. N.B. NARAYANAPPA, S/O LATE. BYRAPPA, AGED ABOUT 76 YEARS, R/AT. NAGDENAHALLI VILLAGE, KONAGHATTA POST, KASABAHOBLI, DODDABALLAPUR TALUK-561203. 11. SMT. SONNAMMA, W/O LATE. CHOWDAPPA. AGED ABOUT 60 YEARS, R/AT. NAGDENAHALLI VILLAGE, KONAGHATTA POST, KASABAHOBLI, DODDABALLAPUR TALUK-561203. 12. SRI. SRINIVASA, S/O LATE. CHOWDAPPA, AGED ABOUT 32 YEARS, R/AT. NAGDENAHALLI VILLAGE, KONAGHATTA POST, KASABAHOBLI, DODDABALLAPUR TALUK-561203. 13. SRI. RAMACHANDRAIAH. K. S/O LATE. KRISHNAPPA, AGED ABOUT 45 YEARS, R/AT. NAGDENAHALLI VILLAGE, KONAGHATTA POST, KASABAHOBLI, DODDABALLAPUR TALUK-561203. 14. SMT. DEVAMMA, W/O N.B. THIMANNA, AGED ABOUT 50 YEARS, - 4 - HC-KAR NC: 2025:KHC:33582 WP No. 24055 of 2025 R/AT. NAGDENAHALLI VILLAGE, KONAGHATTA POST, KASABAHOBLI, DODDABALLAPUR TALUK-561203. 15. SRI. M.A. NARAYANASWAMY, S/O LATE. ANJINAPPA, AGED ABOUT 62 YEARS, R/AT. NAGDENAHALLI VILLAGE, KONAGHATTA POST, KASABAHOBLI, DODDABALLAPUR TALUK, BANGALORE RURAL DIST-561203. 16. THE SPECIAL LAND ACQUISITION OFFICER, (SPL. L.A.O) NATIONAL HIGH WAY - 207, DABASPET HOSOKOTE DIVISION, HOLDING OFFICE AT NELAMANGALA TOWN, NELAMANGALA - TUMKUR ROAD, BENGALURU RURAL DISTRICT-561203. 17. SRI HANUMANTHARAYAPPA. K. S/O LATE. KRISHNAPPA AGED ABOUT 49 YEARS, R/AT. NAGADENAHALLI VILLAGE, KONAGHATTA POST, KASABAHOBLI, DODDABALLAPUR TALUK-561203. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. DIRECTING THE COURT OF SENIOR CIVIL JUDGE AND JMFC AT DODDABALLAPURA TO DISPOSE OF THE ORIGINAL SUIT IN O.S NO. 136/2012 ON MERITS FORTHWITH IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:33582 WP No. 24055 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "I. Issue a writ of mandamus directing the court of Senior Civil Judge & JMFC at Doddaballapurato dispose of the original suit in O.S No. 136/2012 on merits forthwith in the interest of justice & equity. II. Issue such other writ or order or direction that this Hon'ble Court may deem fit under the facts and circumstances of the case, including the cost of the writ petition, to secure the ends of justice. III. Grant such other relief as is just and necessary." 2. Heard Smt. Leela P. Devadiga, learned counsel appearing for the petitioner and have perused the material on record. 3. A suit in O.S.No.136/2012 is instituted seeking partition and separate possession. In the said suit, it transpires that the petitioner - plaintiff No.1 has the benefit of an interim order of not alienating the property, even then, the allegation is that property is being alienated or attempted to be alienated by - 6 - HC-KAR NC: 2025:KHC:33582 WP No. 24055 of 2025 the defendants and therefore, seeks expeditious disposal of the suit. While the reason may be inadequate for a direction to dispose a suit for partition, but the suit pending for the last 13 years is could be the reason for directing expeditious disposal. 4. Therefore, the concerned Court shall conclude the proceedings in O.S.No.136/2012, within an outer limit of nine (9) months from the date of receipt of a copy of this order, if not earlier. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 40 CT:PS