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2025 DAILYLAW 8005 (KAR)

M/S NAGARJUNA RESIDENCY PATEL NAGAR v. SRI. VISHWAS V LAD

WP/107449/2024 · 2025-02-14

Suraj Govindaraj

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:3068 WP No. 107449 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107449 OF 2024 (GM-CPC) BETWEEN: M/S NAGARJUNA RESIDENCY PATEL NAGAR, S.P. ROAD, HOSPET-585103, REPRESENTED BY ITS MANAGING PARTNER, SRI. M.NAGARJUNA, AGE. 57 YEARS, S/O. LATE SRI. M. RAGHURAMULU. …PETITIONER (BY SRI. B.C.JNANAYYA SWAMI AND SRI. BASAVARAJ N.PATIL, ADVOCATES) AND: 1. SRI. VISHWAS V. LAD AGES ABOUT 47 YEARS, S/O. SRI. UDAY SINGH LAD, RESIDING AT. HOSPET ROAD, SANDUR, BALLARY DISTRICT-583119. 2. SRI. SANTHOSH S. LAD AGES ABOUT 48 YEARS, S/O. SRI. SHIVAJI V. LAD, RESIDING AT. HOSPET ROAD, SANDUR, BALLARY DISTRICT-593119. 3. SRI. VINAY E. LAD AGES ABOUT 41 YEARS, S/O. SRI. EKANATH V. LAD, RESIDING AT PRASHANTH NIVAS, KRISHNA NAGAR, SANDUR, BALLARY DISTRICT-583119. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF MANDAMUS BY DIRECTING THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HOSPET TO DISPOSE O.S. NO.179/2007 WITHIN SIX MONTHS, VIDE ANNEXURE-G AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 12:37:58 +0530 - 2 - NC: 2025:KHC-D:3068 WP No. 107449 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the proposed order is to be passed. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of Mandamus by directing the Principal Senior Civil Judge and JMFC, Hospet to dispose O.S. No.179/2007 within six months, vide Annexure-G. b. And pass such any other relief which deem fit to facts and circumstances of this petition, in the ends of justice and equity. 3. The grievance of the petitioner is that, the suit of the year 2007 is still pending consideration before the Trial Court and has not been dealt with, with the urgency that is required. 4. On the basis of the said submission, a mandamus cannot be issued as a sought for. The Trial Court ceased of O.S.No.178/2007 would be well advised to dispose of the matter at the earliest, since the suit has been pending for the last 18 years. - 3 - NC: 2025:KHC-D:3068 WP No. 107449 of 2024 5. With the above observation, the petition is disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-VH List No.: 1 Sl No.: 52