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2025 DAILYLAW 79994 (KAR)

SRI.M. RAMESH v. SRI. MUNIYAPPA

WP/14514/2025 · 2025-07-21

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27172 WP No. 14514 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14514 OF 2025 (GM-CPC) BETWEEN: SRI. M. RAMESH, S/O MUNIYAPPA, AGED ABOUT 43 YEARS, RESIDING AT MASTHENAHALLI, JIGANI HOBLI, ANEKAL TALUK, BANAGLORE SOUTH - 560 105. …PETITIONER (BY SRI. K. SURESH DESAI, ADVOCATE) AND: 1. SRI. MUNIYAPPA S/O. LATE MALLAPPA, AGED ABOUT 75 YEARS, 2. SMT. MUNIYAMMA, W/O MUNIYAPPA AGED ABOUT 64 YEARS, 3. SRI. DHANAMMA, D/O. MUNIYAPPA, AGED ABOUT 41 YEARS, 4. SRI. MANJUNATHA, S/O. MUNIYAPPA, AGED ABOUT 40 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27172 WP No. 14514 of 2025 5. SMT. RATHNAMMA D/O.MUNIYAPPA, AGED ABOUT 38 YEARS, 6. SMT. PUSHPA D/O.MUNIYAPPA, AGED ABOUT 35 YEARS, 7. SMT. RASHMI D/O.MUNIYAPPA, AGED ABOUT 25 YEARS ALL THE PETITIONERS ARE RESIDING AT MASTHENAHALLI, JIGANI HOBLI, ANEKAL TALUK, BANGALORE SOUTH - 560 105. 8. SRI. V. LAKSHMINARAYANA S/O LATE H. VENKATAPPA AGED ABOUT 75 YEARS, R/A NO.167, NISRAGA LAYOUT, HARAPANAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE SOUTH - 560 105. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION FOR THE EARLY DISPOSAL OF THE FINAL DECREE PROCEEDINGS IN F.D.P NO. 19/2006 PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, ANEKAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:27172 WP No. 14514 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "a. Issue a writ of mandamus or any other appropriate writ, order or direction for the early disposal of the Final Decree Proceedings in F.D.P. No.19/2006, pending before the Senior Civil Judge and JMFC, Anekal. b. Direct the concerned court to fix a date for the expeditious hearing and disposal of the pending matter. c. Issue any other appropriate writ order or Directions as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri. K. Suresh Desai, learned counsel appearing for the petitioner and have perused the material on record. 3. The petitioner is before this Court being aggrieved by the proceedings in F.D.P.No.19/2006. The petitioner is a plaintiff, institutes a suit in O.S.No.122/2002 seeking partition and separate possession. The said suit comes to be decreed on 27.06.2003 and consequently, a final decree proceedings - 4 - HC-KAR NC: 2025:KHC:27172 WP No. 14514 of 2025 are instituted in F.D.P.No.19/2006, which languishes even today before the concerned Court. 4. It is the submission of the learned counsel appearing for the petitioner that the Court has been granting adjournments time and again without any rhyme or reason. 5. In the light of the final decree proceedings itself being 21 years old as the FDP is of the year 2006, I deem it appropriate to infuse finality into the final decree proceedings by directing the concerned Court to dispose the petition with an outer limit of three (3) months, if not earlier. 6. With the aforesaid observations, the petition stands allowed. SD/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 15 CT: BHK