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2025 DAILYLAW 71070 (KAR)

MRS. KAMALA v. MRS. VARIJA

WP/15981/2021 · 2025-09-12

K Manmadha Rao

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36219 WP No. 15981 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.15981 OF 2021 (GM-CPC) BETWEEN: 1. MRS. KAMALA W/O LATE LOKAYYA AGED ABOUT 71 YEARS D/O LATE HONNAPPA NAIK R/AT BALLADI HOUSE POST: KADANDALE VILLAGE-574227 MOODABIDRI TALUK, D.K., …PETITIONER (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. MRS. VARIJA AGED ABOUT 53 YEARS D/O LATE VASU NAIKA BALLADI HOUSE POST: KADANDALE VILLAGE-574227 MOODABIDRI TALUK, D.K. 2. MRS. RAJEEVI AGED ABOUT 50 YEARS D/O LATE VASU NAIKA KODIYADKA HOUSE POST: MITHABAIL-574226 PUTTIGE VILLAGE MOODABIDRI TALUK, D.K., 3. MS. HEMALATHA AGED ABOUT 36 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36219 WP No. 15981 of 2021 D/O LATE APPI BALLADI HOUSE POST: KADANDALE VILLAGE-574227 MOODABIDRI TALUK, D.K. …RESPONDENTS (BY SRI. S. RAJASHEKAR, ADVOCATE FOR C/R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE JUDGEMENT DATED 02.07.2021 IN M.A.NO.25/2020 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND JMFC, MANGALURU, DK (ITINERARY AT MOODABIDRI) ANNEXURE-G THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER Heard learned counsel for the petitioner and learned counsel for caveator-respondent Nos.1 to 3. 2. This writ petition is filed praying to quash the judgment dated 02.07.2021 in M.A.No.25/2020 passed by the III Additional Senior Civil Judge and JMFC, Mangaluru, D.K. and allow this petition by dismissing M.A.No.25/2020. 3. Learned counsel for the petitioner submits that being aggrieved by the order on I.A.No.II filed under Order 39 Rule 1 and 2 read with Section 151 of C.P.C. in O.S.No.91/2020 - 3 - HC-KAR NC: 2025:KHC:36219 WP No. 15981 of 2021 dated 07.08.2020, the appellants therein have filed M.A.No.25/2020. 4. The respondent Nos.1 to 3 have entered caveat. As submitted by learned counsel for both the parties, the suit in O.S.No.91/2020 is filed for the relief of partition and the same is pending before the Trial Court for adjudication. In view of the same, the counsel seeks for a direction to the Trial Court for speedy disposal of the suit in O.S.No.91/2020. 5. Having heard learned counsel for the petitioner and learned counsel for caveator-respondent Nos.1 to 3, this Court is inclined to direct the Civil Judge and JMFC, Moodabidri, D.K. to dispose of the suit as expeditiously as possible within a time bound period. 6. In view of the above observation, the following order is passed: (i) The writ petition stands disposed of. (ii) The learned Civil Judge and JMFC, Moodabidri, D.K. is directed to dispose of the suit in O.S.No.91/2020 as expeditiously as possible within a period of six - 4 - HC-KAR NC: 2025:KHC:36219 WP No. 15981 of 2021 months from the date of receipt of a copy of this order. (iii) The parties and their respective counsels are directed to assist the Trial Court in speedy disposal of the case within the time bound period. Sd/- (DR.K.MANMADHA RAO) JUDGE ST List No.: 1 Sl No.: 34