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2025 DAILYLAW 80316 (KAR)

ANASUYA H S v. NIL

WP/20741/2025 · 2025-07-21

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27211 WP No. 20741 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. 20741 OF 2025 (GM-CPC) BETWEEN: 1. ANASUYA H.S., W/O LATE H.S.SATHYANARAYAN, ALIAS LATE H.SATTANARAYANA AGED ABOUT 67 YEARS R/O HOSAGRAHARA HOSAGRAHARA VILLAGE, MUTTUR HOBLI THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 432. 2. PRASHANTHS H.S., S/O LATE H.S.SATHYANARAYAN, ALIAS LATE H.SATTANARAYANA AGED ABOUT 43 YEARS R/O HOSAGRAHARA HOSAGRAHARA VILLAGE, MUTTUR HOBLI, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 432. 3. PRADEEP S/O LATE H.S.SATHYANARAYAN, ALIAS LATE H.SATTANARAYANA AGED ABOUT 39 YEARS R/O HOSAGRAHARA HOSGRAHARA VILLAGE, MUTTUR HOBLI, THIRTHAHALLI TALUK, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27211 WP No. 20741 of 2025 SHIVAMOGGA DISTRICT - 577 432. …PETITIONERS (BY SMT.NIREEKSHA D.J., ADVOCATE) AND: 1. NIL NIL …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED PRINCIPLE CIVIL JUDGE AND JMFC, BENGALURU TO CONSIDER INTERLOCUTORY APPLICATION UNDER SECTION 152 AND 153 OF THE CODE OF CIVIL PROCEDURE 1908 DATED 10.04.2024 AT ANNEXURE -D AND ANNEXURE D1 AND PASS ORDERS WITHIN A STIPULATED PERIOD OF TIME. 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 prayer: “a) Issue a writ of mandamus and direct the learned Principle Civil Judge (Jr. Dn.) and JMFC, Thirthahalli to consider Interlocutory Application in P & SC No.01/2023 under Section 152 and 153 of the Code of Civil Procedure, 1908 dated 10.04.2024 at Annexure D and Annexure D1 and pass orders within a stipulated period of time as this Hon’ble Court deems fit in the interest of justice. - 3 - HC-KAR NC: 2025:KHC:27211 WP No. 20741 of 2025 b) Grant such other relief/s that this Hon’ble Court deems fit in the facts and circumstances of the above case in the interest of justice and equity.” 2. The petitioners file two applications in P & S.C.No.1/2023 after its disposal, seeking corrections of typographical errors crept in the order, under Sections 152 and 153 of the CPC respectively. The said applications have not yet met its consideration, despite lapse of 1 year and therefore, the petitioners are at the doors of this Court. 3. The concerned Court ought to have considered the same and passed necessary orders by now. In the light of the orders not being passed, I deem it appropriate to direct the concerned Court to dispose the applications filed under Sections 152 and 153 of the CPC respectively, within 4 weeks from the date of receipt of a copy of this order, if not already disposed. 4. With the above direction, the petition stands allowed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ/List No.: 1 Sl No.: 79