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2025 DAILYLAW 86162 (KAR)

LT.COL.RETD.K.O ANNAMMA SINCE DEAD BY HER LRS SRI. K CHOCKO v. SMT FRANCIS BIBIYANA W/O SRI FRANCIS SINCE DECEASED BY HER LRS LATE SUNIL PATRIC F MS ANJANA PATRIC

WP/24435/2025 · 2025-08-18

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31790 WP No. 24435 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24435 OF 2025 (GM-CPC) BETWEEN: LT. COL. RETD. K.O.ANNAMMA SINCE DEAD BY HER LRS 1. SRI K.CHOCKO S/O LATE CHACKO OMEN AGED ABOUT 58 YEARS 2. M.T.ACCAMMA OMEN D/O LATE CHACKO OMEN AGED ABOUT 54 YEARS BOTH ARE RESIDING AT KAYALATH ATTARMAN-KAL, (V), NEDUNGADAPALLY (P) KOTTAYAM (DISTRICT) KERALA - 686 545. BOTH ARE REPRESENTED BY POWER OF ATTORNEY BY SRI NARASIMHA. …PETITIONERS (BY SMT. YAMINI MUNIRAJ, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31790 WP No. 24435 of 2025 AND: SMT. FRANCIS BIBIYANA W/O SRI FRANCIS SINCE DECEASED BY HER LRS LATE SUNIL PATRIC F., 1. MS. ANJANA PATRIC W/O LATE SUNIL PATRICK 2. MS. SHERIN VERNON D/O LATE SUNIL PATRICK 3. SRI SANJAY JOHN F., S/O LATE FRANCIS BIBIYANA AGED ABOUT 44 YEARS 4. SRI SUNNY PAUL S/O LATE FRANCIS BIBIYANA AGED ABOUT 38 YEARS 5. SRI SONU GERARD S/O LATE FRANCIS BIBIYANA AGED ABOUT 36 YEARS SL.NO. 1 TO 5 ARE RESIDING AT NO.95/1, MANGAMMANAPALYA JOHSON HIGH SCHOOL COMPOUND BOMMANAHALLI POST, BEGUR POST BENGALURU - 560 068. 6. MR. K.FEROZ AGE: MAJOR R.K.STEELS BOMMANAHALLI, HOSUR MAIN ROAD - 3 - HC-KAR NC: 2025:KHC:31790 WP No. 24435 of 2025 BOMMANAHALLI, BENGALURU SOUTH TALU. 7. SRI O.VARGHEESE S/O LATE CHACKO OMEN AGE: MAJOR 8. SMT. MATHUKUTTY AMEN S/O LATE CHACKO OMEN AGE: MAJOR SL.NO.7 AND 8 ARE RESIDENTS AT R/AT KAYALATH ATTARMAN-KAL, (V), NEDUNGADAPALLY (P), KOTTAYAM (DISTRICT), KERALA - 686 545. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE TRIAL COURT (THE RESPONDENT) TO ADJUDICATE AND DISPOSE OF THE SUIT IN OS NO. 8201/1998 PENDING ON ITS FILE WITHIN A STRICT OUTER LIMIT OF ONE 1 MONTH FORM THE DATE OF RECEIPT OF SUCH DIRECTION OR CONSEQUENTLY DIRECTING THE HON’BLE TRIAL COURT TO DISPOSE THE PENDING APPLICATIONS WITHIN TIME BOUND MANNER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:31790 WP No. 24435 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners - legal representatives of defendant No.1 in O.S.No.8201/1998 are before this Court seeking the following prayer: “(a) Issue a writ in the nature of Mandamus directing the Trial Court (the Respondents) to adjudicate and dispose of the suit in O.S.No.8201/1998 pending on its file, within a strict outer limit of one (1) month from the date of receipt of such direction, or consequently directing the Hon'ble Trial Court to dispose the pending applications within time bound manner in the interests of justice and equity; (b) Grant any other suitable Order as deemed fit by this Hon'ble Court as per the facts and circumstances of this Petition.” 2. A suit in O.S.No.8201/1998 is instituted seeking declaration. The suit is instituted in the year 1998 and is said to be languishing before the concerned Court even today, despite passage of 27 years. The pendency of the suit in O.S.No.8201/1998 before the concerned Court for 27 years is appalling. 3. Smt. Yamini Muniraj, learned counsel for the petitioner takes this Court through the documents appended to the - 5 - HC-KAR NC: 2025:KHC:31790 WP No. 24435 of 2025 petition to demonstrate that adjournments are granted without any rhyme or reason for the last 20 years. 4. In that light, the concerned Court shall endeavour to conclude the proceedings in O.S.No.8201/1998 within two months from the date of receipt of a copy of this order, if not earlier. 5. With the aforesaid observations and direction, the writ petition is allowed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 153 CT:SS