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2025 DAILYLAW 76638 (KAR)

SMT. SHARADAMMA v. MALLESHAIAH

WP/4262/2025 · 2025-07-11

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25427 WP No. 4262 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4262 OF 2025 (GM-CPC) BETWEEN: SMT. SHARADAMMA W/O BASAVARAJ D/O GANGAI0AH AGED ABOUT 69 YEARS R/AT. MOOGARIAHALLI VILLAGE, BANAVADI POST, BOLOR HOBLI, MAGADI TALUK RAMANAGARA DISTRICT – 562 120. …PETITIONER (BY SRI VINOD N., ADVOCATE) AND: 1. MALLESHAIAH S/O GANGAIAH AGED ABOUT 69 YEARS R/AT HUNNIGERE VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK – 560 063. SAKAMMA SINCE DEAD BY HER LR'S 2. CHANDRAMMA D/O SAKAMMA W/O NAGARAJU AGED ABOUT 41 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25427 WP No. 4262 of 2025 R/AT NO.21 H, ADARANGI VILLAGE, MAGADI TALUK, RAMANAGARA – 560 063. 3. ANITHA H.S., D/O SAKAMMA W/O UMESH AGED ABOUT 35 YEARS R/AT BAIRASANDRA VILLAGE, HARALURU POST, TUMAKURU – 572 104. SHIVAMMA SINCE DEAD BY HER LR'S 4. RUDRAPPA S/O SHIVAMMA W/O MALLAIAH AGED ABOUT 60 YEARS R/AT HONNASANDRA VILLAGE, NELAMANGALA TALUK BENGALURU RURAL DISTRICT – 562 123. 5. PRATEEMA R., D/O SHIVAMMA AGED ABOUT 38 YEARS R/AT BHAKTHRAHALLI VILLAGE AND POST SASALU HOBLI, DODDABALAPURA TALUK BENGALURU RURAL – 562 104. 6. SHILPA R., D/O SHIVAMMA AGED ABOUT 37 YEARS R/AT NO.334, - 3 - HC-KAR NC: 2025:KHC:25427 WP No. 4262 of 2025 KARITHIMMARAYASWAMY BADAVANE T.BEGUR, TEPPADABEGURU, NELAMANGALA TALUK BENGALURU RURAL – 562 123. 7. DRAKSHYANAMMA R., D/O SHIVAMMA AGED ABOUT 36 YEARS R/AT NO.31, MANDIGERE VILLAGE, KASABA HOBLI, NELAMANGALA TALUK BENGALURU RURAL – 562 123. 8. KAMALA R., D/O SHIVAMMA AGED ABOUT 35 YEARS R/AT KEMPAPURA VILLAGE, KUDURU HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT – 561 101. 9. VIDYA R., D/O SHIVAMMA AGED ABOUT 26 YEARS R/AT HONNASANDRA VILLAGE, NELAMANGALA TALUK BENGALURU RURAL – 562 123. BASAVARAJAIAH SINCE DEAD BY HIS LR'S 10. SIDDAGANGAMMA W/O BASAVARAJAIAH AGED ABOUT 71 YEARS 11. SUDHAKAR S/O BASAVARAJAIAH - 4 - HC-KAR NC: 2025:KHC:25427 WP No. 4262 of 2025 AGED ABOUT 46 YEARS 12. SUDHAKAR S/O BASAVARAJAIAH AGED ABOUT 41 YEARS 13. VEENA W/O BASAVARAJAIAH AGED ABOUT 71 YEARS 14. MUDDAIAH S/O GANGAIAH AGED ABOUT 63 YEARS THE RESPONDENT NO.10 TO 14 ARE R/AT HUNNIGERE VILLAGE DASANAPURA HOBLI BENGALURU NORTH – 562 123. 15. SHIVANNA S/O GANGAIAH AGED ABOUT 58 YEARS R/AT CHANNAKESHAVA HIGH SCHOOL, SONDEKOPPA DASANAPURA HOBLI, BENGALURU NORTH – 562 123. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE HON’BLE TRAIL COURT TO DISPOSED THE FDP VIDE NO. 13/2009, PENDING BEFORE THE PRL.SENIOR CIVIL JUDGE AT NELAMANGALAL, AT ANNEXURE-E, IN ACCORDANCE WITH LAW - 5 - HC-KAR NC: 2025:KHC:25427 WP No. 4262 of 2025 IN A TIME BOUND MANNER WITHIN A PERIOD NOT LATER THAN 3 MONTHS. THIS PETITION, COMING ON FOR FINAL 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: “i. Issue a Writ of mandamus or direction or order directing the Hon’ble Trail court to disposed the FDP vide No.13/2019, pending before the Prl.Senior Civil Judge At Nelamangala, at Annexure – E, in accordance with law in a time bound manner within a period not later than 3 months, in the ends of justice. ii. To pass such other order/s, as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.” 2. The petitioner is defendant No.7 in the suit filed for partition and separate possession in O.S.No.504/1994. The judgment and decree in the said suit is decreed on 16.11.2002, upon which a final decree proceedings in F.D.P.No.13/2009, is said to be pending before the concerned Court for the last 16 years. It is therefore, the petitioner is before this Court - 6 - HC-KAR NC: 2025:KHC:25427 WP No. 4262 of 2025 seeking a direction for expeditious conclusion of final decree proceedings in the light of the suit being 30 years old and the final decree proceedings being 15 years old. In that light, I deem it appropriate to direct the concerned Court to conclude the proceedings in a time bound manner. 3. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. b. The Principal Senior Civil Judge, Nelamangala, shall dispose the F.D.P.No.13/2009, in accordance with law, within an outer limit of three months, from the date of receipt of a copy of the order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 18