Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36571 WP No. 25641 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25641 OF 2025 (GM-CPC)
BETWEEN:
1.
A RAJENDRA KODGI AGED ABOUT 52 YEARS S/O LATE A .CHANDRASHEKAR KODGI R/AT FLAT NO.176/9, CAVALRY COURT APARTMENT 2ND CROSS, K KAMARAJA ROAD BENGALURU - 560 042.
2.
DR. RESHMA K W/O A RAJENDRA KODGI AGED ABOUT 38 YEARS R/AT FALT NO. 176/9 CAVALRY COURT APARTMENT 2ND CROSS, K KAMARAJA ROAD BENGALURU - 560 042. …PETITIONERS (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR SRI. GIREESHA KODGI, ADVOCATE)
AND:
1.
A SUDHIR KODGI AGED ABOUT 47 YEARS S/O LATE A CHANDRASHEKAR KODGI
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36571 WP No. 25641 of 2025
R/AT GURU KRIPA HAYAGREEVA NAGAR, INDRALI, POST KUNJIBETTU UDUPI TALUK - 576 102.
2.
A NANDAGOPAL KODGI AGED ABOUT 50 YEARS S/O LATE A. CHANDRASHEKAR KODGI R/AT GURU KRIPA HAYAGREEVA NAGAR, INDRALI, POST KUNJIBETTU UDUPI TALUK - 576 102.
3.
GOPALAKRISHNA BHAT DIRECTOR TRISHA VIDHYA COLLEGE OF COMMERCE AND MANAGEMENT VASUKI TOWER MISSION HOSPITAL ROAD UDUPI - 576 101. …RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DTD 24.09.21 PASSED ON IA NO. VIII, FILED UNDER SECTION 151 AND ORDER 1 RULE 10(2) OF CPC IN OS NO.
34/20 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, AT UDUPI, AS PER ANNX-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:36571 WP No. 25641 of 2025
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this court seeking the following prayers:
"a) Issue writ of Certiorari, quashing the order dated 24-9-2021 passed on IA No VIII, filed under Section 151 and Order I Rule 10(2) of C.P.C. in OS No.34/2020 by the Principal Senior Civil Judge and CJM., at Udupi, as per Annexure-A.
c) Issue writ or direction, directing the Trial Court to dispose of the suit in OS No.34/2020 within a period of 12 months from the date of receipt of the
order.
d) Pass such and further relief as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity."
2. Heard Shri G. Balakrishna Shastry, learned counsel for Shri Gireesha Kodgi, learned counsel appearing for the petitioners.
3. The learned counsel would though submit on merit of the matter, restrict his submission to a direction to the concerned court to dispose the suit itself within a time frame, as there are only three family members involved in the subject suit.
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HC-KAR NC: 2025:KHC:36571 WP No. 25641 of 2025
4. The present petition is preferred calling in question an order passed under Order I Rule 10(2) of the Code of Civil Procedure, 1908 impleading the wife of the first petitioner.
5. In the light of the said submission, the prayer being innocuous, I deem it appropriate to direct the concerned court to dispose the suit, within an outer limit of six months from the date of receipt of the copy of the order, if not earlier, in accordance with law.
Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 41 CT: BHK