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2025 DAILYLAW 75321 (KAR)

KAMESHWAR PANDEY v. SMT. NARAYANAMMA

WP/14602/2025 · 2025-08-18

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31748 WP No. 14602 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14602 OF 2025 (GM-CPC) BETWEEN: 1. KAMESHWAR PANDEY S/O GANESH PANDEY AGED ABOUT 46 YEARS, PRESENTLY RESIDING AT 2513 E DALI DR. MIDDLETOWN, DE-19709, USA 2. RUPA PANDEY W/O. KAMESHWAR PANDEY AGED ABOUT 35 YEARS PRESENTLY RESIDING AT 2513 E DALI DR. MIDDLETOWN, DE-19709, USA 1 AND 2ND PETITIONER ARE REPRESENTED BY THE GPA HOLDER OF PANKAJ KUMAR PANDEY S/O GANESH PANDEY, AGED ABOUT 44 YEARS R/AT AT NO.3, 12TH CROSS, BK NAGAR, YESHWANTHPURA, BENGALURU - 560 022. …PETITIONERS (BY SRI. PRASANNA D.P, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31748 WP No. 14602 of 2025 AND: 1. SMT. NARAYANAMMA W/O SRI. HOODIMUNIYAPPA, AGED ABOUT 65 YEARS R/AT NO.83/106 AND NO.376 4TH CROSS, KUNDALAHALLI VILLAGE, MARATHAHALLI POST, BENGALURU - 560 037. 2. SRI. M. GOPAL, S/O HOODI MUNIYAPPA AGED ABOUT 42 YEARS R/AT NO.83/106 AND NO. 376 4TH CROSS, KUNDALAHALLI VILLAGE, MARATHAHALLI POST, BENGALURU - 560 037. 3. SRI. GURU RAGHAVENDRA SHAHAKARI BANK NIYAMITHA, NO.15, SUBRAMANYAPURA SETTY ROAD, NETTAKALLAPPA CIRCLE, BASAVANGUDI, BENGALURU - 560 004. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF TH CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE TRAIL COURT DISPOSE THE SUIT AS SOON AS POSSIBLE IN O.S.NO. 8270/2022 PENDING OF THE PRL. CITY CIVIL JUDGE AND SESSIONS JUDGE AT BENGALURU. - 3 - HC-KAR NC: 2025:KHC:31748 WP No. 14602 of 2025 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 petitioners are before this court seeking the following prayers: "(a) Issue a writ of Mandamus, directing to the trail court dispose the suit as soon as possible in O.S.No.8270/2022 pending of the Prl., City Civil Judge and sessions Judge at Bengaluru. (b) Pass such other orders, as the petitioner is entitled to in the facts and circumstances of the costs of the case, including cast of the proceedings in the interest of justice equity." 2. Heard Shri Prasanna D.P., learned counsel appearing for the petitioners. 3. The petitioners are plaintiffs No.1 and 2, institutes a suit for specific performance. The said suit is languishing before the concerned Court since 2022. A perusal at the order sheet would indicate plethora of adjournments granted by the concerned court. 4. In the light of the suit for specific performance and the mandate of the statute that it should be disposed within - 4 - HC-KAR NC: 2025:KHC:31748 WP No. 14602 of 2025 one year of its filing, after the amendment in the year 2018, I deem it appropriate to direct the concerned court to dispose the said suit, within an outer limit of six months from the date of receipt of the copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 84 CT: BHK