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2025 DAILYLAW 83677 (KAR)

SRI NAGARAJU v. SRI KRISHNAPPA

WP/33150/2025 · 2025-11-05

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44604 WP No. 33150 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 33150 OF 2025 (GM-CPC) BETWEEN: SRI NAGARAJU S/O LATE CHIKKANNA AGED ABOUT 63 YEARS R/AT ANJANAPURA, UTHARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU- 560 108. …PETITIONER (BY SRI. ABHILASH H S., ADVOCATE) AND: 1. SRI KRISHNAPPA S/O LATE. CHIKKANNA AGED MAJOR 2. SRI. RAMESH S/O SHANKARAPPA AGED MAJOR 3. SRI. MUNIYAPPA S/O LATE. VENKATARAMAPPA AGED MAJOR RESPONDENTS 1 TO 3 ARE RESIDING AT CHIKKA KUNTANAHALLI, BIDADI HOBLI, RAMANAGARA TALUK- 562 109. 4. SMT. NAGAMMA W/O LATE LAKKAPPA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44604 WP No. 33150 of 2025 AGED ABOUT 68 YEARS R/AT NO.9, BANNERGHATTA ROAD, GOTTIGERE, BENGALURU SOUTH, BENGALURU- 560 083. 5. SRI.L.RAJA S/O. LATE LAKAPPA AGED ABOUT 48 YEARS, R/AT NO.15, 2ND CROSS, RANGAPPA LAYOUT, NEAR CHAMPAKADAMA LAYOUT BENGALURU- 560 083 6. SMT. SUMA D/O LATE LAKKAPPA W/O SRI. GOVINDARAJU.P AGED ABOUT 41 YEARS R/AT NO.32, NEAR ANJANEYA TEMPLE, DODDAKAMMANAHALLI, BENGALURU SOUTH, GOTTIGERE, BENGALURU- 560 083 7. SMT. RATHNAMMA W/O KRISHNA MURTHY AGED ABOUT 54 YEARS R/AT SADAPPANAHALLI VILLAGE AND POST, SULIBELE HOBLI, HOSKOTE TALUK- 562 129 8. SMT. SUBBAMMA W/O BYRESH D/O LATE SHANKARAPPA AGED ABOUT 48 YEARS R/AT NO.16, 80 FEET ROAD, BANASHANKARI 1ST STAGE, SRINIVAS NAGAR, BENGALURU- 560050 9. SRI. RAMESH S/O LATE SHANKARAPPA AGED ABOUT 51 YEARS - 3 - HC-KAR NC: 2025:KHC:44604 WP No. 33150 of 2025 10. SRI. NARAYANA S/O LATE SHANKARAPPA AGED ABOUT 46 YEARS RESPONDENT 9 AND 10 ARE R/AT CHIKKA KUNATANAHALLI VILLAGE, SHANUMANGALA POST, BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT-562109. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE HONBLE ADDL. CIVIL JUDGE AND JMFC, RAMANAGARA TO DISPOSE OFF THE ENTIRE PROCEEDINGS IN FDP NO. 2/2012 WITHIN A TIME BOUND MANNER NOT EXCEEDING 3 MONTHS OR ANY OTHER TIME PERIOD WHICH THIS HONBLE COURT MAY DEEM FIT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard Learned counsel for the petitioner. 2. The petitioner herein is petitioner No.2 in FDP No.2/2012. 3. The prayer sought in this petition is as follows. a) To issue a Writ in the nature of Mandamus by directing the Hon'ble Addl Civil Judge and JMFC, Ramanagara to dispose off the - 4 - HC-KAR NC: 2025:KHC:44604 WP No. 33150 of 2025 entire proceedings in FDP.No.2/2012 within a time bound manner not exceeding 3 months or any other time period which this Hon'ble Court may deem fit. b) Pass such other orders/directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 4. This Court does not find the need or necessity to issue notice to respondents in view of the fact that the prayer sought in this petition is for expeditious disposal of the proceedings in FDP No.02/2012 in a time-bound manner. 5. The petitioner herein preferred the FDP proceedings before the Additional Civil Judge and JMFC, Ramanagara arising out of O.S.No.175/1991 wherein the suit initially was dismissed, but later on in an appeal R.A.No. 57/2002, the same came to be allowed on 27.03.2007. Pursuant to which, the petitioner herein filed FDP proceedings in FDP.No.02/2012. - 5 - HC-KAR NC: 2025:KHC:44604 WP No. 33150 of 2025 6. The FDP proceedings are still pending adjudication without any concrete progress in the matter. Several applications are still pending in the FDP proceedings and no orders are passed. The FDP proceedings are filed in the year 2012. It is more than 13 years as on the date of filing of the FDP that the petitioner herein is unable to see the light of day or the outcome of the proceedings despite being successful before the first appellate Court. 7. Hence, the present petition is filed by the petitioner seeking expeditious disposal of the proceedings before the FDP Court. I do not find any legal impediment in allowing this petition with a direction to the Additional Civil Judge, JMFC, and Ramanagara to dispose of the proceedings in an expeditious manner. Accordingly, I pass the following order. ORDER The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:44604 WP No. 33150 of 2025 2. The learned Additional Civil Judge and JMFC, Ramanagara is directed to dispose of FDP No.02/2012 in a time-bound manner not exceeding 4 months from the date of receipt of copy of the order. 3. All contentions of the parties are kept open. 4. This Court has not expressed any opinion on the merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 10