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2025 DAILYLAW 74302 (KAR)

SMT VIMALA S v. SIDDAPPA (THARAKARI SIDDAPPA), (DEAD BY LRS) SMT. CHANDRAMMA

WP/14418/2025 · 2025-08-11

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:30903 WP No. 14418 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. 14418 OF 2025 (GM-CPC) BETWEEN: SMT. VIMALA S (VIMALA SRINIVAS), W/O. SRINIVAS, AGED ABOUT 60 YEARS, R/AT.NO.48/1, KANAKAPURA MAIN ROAD, YELACHENAHALLI POST, BENGALURU - 560 078. …PETITIONER (BY SRI. RAVI H.K, ADVOCATE) AND: SIDDAPPA (THARAKARI SIDDAPPA), (DEAD BY LRS) 1. SMT.CHANDRAMMA, D/O. LATE. SIDDAPPA, W/O. SIDDARAJU, AGED ABOUT 71 YEARS, R/AT. NO.123, NEAR KABBALAMMA TEMPLE, HARALAGALLU VILLAGE, KANAKAPURA TALUK, RAMANAGAR DISTRICT - 562 117. Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30903 WP No. 14418 of 2025 2. SMT. GOWRAMNMA, D/O. LATE, SIDDAPPA, W/O. JEMANI, AGED ABOUT 55 YEARS, R/AT.NO.266/13, REVENUE LAYOUT, SINGASANDRA, BOMMANAHALLI, BENGALURU - 560 068. 3. SRI. VENKATESH, S/O. LATE. SIDDAPPA, AGED ABOUT 50 YEARS, R/AT.NO.665, KAGGALIPURA VILLAGE, KANAKAPURA MAIN ROAD, BANGALORE - 560 082. 4. SMT. SAVITHRAMMA, D/O. LATE SIDDAPPA, W/O. LATE. ASHWATHAIAH, AGED ABOUT 49 YEARS, R/AT.NO.704, DODDABELEVANGALA VILLAGE, DODDABALLAPUR TALUK, BENGALURU RURAL - 561 204. 5. SRI. MANJU, S/O. LATE. CHELUVAIAH, AGED, ABOUT 35 YEARS, R/AT. KAGGALIPURA VILLAGE, KANAKAPURA MAIN ROAD, BENGALURU - 560 082. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU TO DISPOSE OF THE I.As UNDER - 3 - HC-KAR NC: 2025:KHC:30903 WP No. 14418 of 2025 SECTION 151 OF C.P.C AND I.A. UNDER SECTION 5 AND 14 OF THE LIMITATION ACT 1963 FILED BY THE RESPONDENTS IN SUIT IN O.S.NO. 33/2000 AS EXPEDITIOUSLY AS POSSIBLE AND WITHIN AN ORDER LIMIT OF 6 MONTHS BY ISSUING A WRIT OF MANDAMUS. 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 the plaintiff, the Decree Holder in OS.No.33/2000. OS.No.33/2000 ends in a compromise on 14.10.2010. Two applications were filed by the respondents seeking recall of the compromise after 9 years, which also comes to be dismissed. The applications are again filed seeking recall of the said order. Those applications are said to be pending before the concerned court and the decree holder is not able to enjoy the fruits of the said decree that came about 25 years ago. 2. In that light, I deem it appropriate to infuse finality into the proceedings qua the application so filed by the applicant seeking recall of the order of compromise dated - 4 - HC-KAR NC: 2025:KHC:30903 WP No. 14418 of 2025 14.10.2010, within an outer limit of three months from the date of receipt of the copy of the order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 38 CT: BHK