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2025 DAILYLAW 86797 (KAR)

SMT PARVATHAMMA v. SMT HONNANINGAMMA

WP/28393/2024 · 2025-08-18

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31736 WP No. 28393 of 2024 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. 28393 OF 2024 (GM-CPC) BETWEEN: SMT. PARVATHAMMA W/O LATE LAXMANA GOWDA, AGED ABOUT 55 YEARS, R/AT BOMMANAHALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK - 571 418. …PETITIONER (BY SRI. SURENDRA KUMAR N., ADVOCATE) AND: 1. SMT. HONNANINGAMMA W/O NANJUNDEGOWDA AGED ABOUT 66 YEARS R/AT BOMMANAHALLI VILLAGE BELLUR HOBLI, NAGAMANGALA TALUK - 571 418. SMT. SUBBAMMA, SINCE DECEASED REPRESENTED BY HER LEGAL HEIRS. 2. SRI. BYARAPPAJI S/O LAKKANNA GOWDA AGED ABOUT 47 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31736 WP No. 28393 of 2024 3. SRI. RAVI S/O LAKKANNA GOWDA AGED ABOUT 44 YEARS 4. SRI. LAKKANNA GOWDA, S/O BOREGOWDA AGED ABOUT 79 YEARS RESPODENTS 2 TO 4 RESIDENT OF NAGATHIHALLI VLLAGE, BELLUR HOBLI, NAGAMANGALA TALUK - 571 418. 5. SMT. LAXAMMA, W/O RAMEGOWDA AGED ABOUT 49 YEARS RESIDING AT HALALU VILLAGE BELLUR HOBLI, NAGAMANGALA TALUK - 571 418. SRI. NINGEGOWDA SINCE DECEASED REPRESENTED BY HER LEGAL HEIRS 6. SMT. JAYAMMA, W/O LATE NINGEGOWDA AGED ABOUT 74 YEARS 7. SMT. SAKAMMMA W/O LATE NINGEGOWDA AGED ABOUT 69 YEARS 8. SMT. BHAGYAMMA W/O MANJUNATH D/O LATE NINGEGOWDA - 3 - HC-KAR NC: 2025:KHC:31736 WP No. 28393 of 2024 AGED ABOUT 49 YEARS 9. SMT. RUDRAMMA W/O LATE SURESHA AGED ABOUT 49 YEARS 10. SRI. VINAYAKUMAR S/O LATE SURESH AGED ABOUT 26 YEARS 11. SMT. PRIYANKA D/O LATE SURESH AGED ABOUT 30 YEARS RESPONDENT NOS. 6 TO 11 ARE R/O CHIKKAGOWDANNA DODDI KASABA HOBLI, MANDYA DISTRICT - 571 403. 12. SRI. NANDA KUMAR B.N. S/O LATE NINGEGOWDA AGED ABOUT 54 YEARS 13. SMT. B.N. SHOBHA W/O D.R. SURESHA D/O LATE NINGEGOWDA, AGED ABOUT 50 YEARS RESPONDENTS NO.12 AND 13 ARE R/O BOMMENAHALLI VILLAGE BELLUR HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT - 574 148. SMT. GIRIYAMMA SINCE DEAD REPRESENTED BY HER LRS. - 4 - HC-KAR NC: 2025:KHC:31736 WP No. 28393 of 2024 14. SRI. RAMEGOWDA, S/O ANDANI GOWDA, AGED ABOUT 68 YEARS R/A BOMMANAHALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK - 571 418. 15. SMT. JAYAMMA, W/O RAJA AGED ABOUT 56 YEARS, RESIDING AT BELLUR TOWN AND HOBLI, NAGAMANGALA TALUK - 571 418. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED SENIOR CIVIL JUDGE AND JMFC NAGAMANGALA TO DISPOSE OF REGULAR APPEAL NO.14/2008 VIDE ANNEX-A & B AT THE EARLIEST POINT OF TIME WITHOUT ANY UNDUE DELAY. 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 petitioner is before this Court, seeking the following prayer: "(a) Issue a writ of mandamus or any other appropriate writ or direction directing the Learned Senior Civil Judge and JMFC Nagamangala to dispose of Regular Appeal no.14/2008 produced at Annexure 'A' and - 5 - HC-KAR NC: 2025:KHC:31736 WP No. 28393 of 2024 'B' at the earliest point of time without any undue delay. (b) Grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity." 2. Heard Surendra Kumar N., learned counsel appearing for the petitioner and have perused the material on record. 3. The petitioner is the plaintiff and the appellant before the concerned Court. The saga of legal proceedings began 28 years ago. Against the decree, the defendants have filed an appeal before the concerned Court, which is 16 years ago. The appeal is said to be still pending without adjudication and the order sheet appended to the petition would demonstrate that adjournments being granted throughout for no rhyme or reason. 4. In the light of the proceedings began 28 years ago and the appeal pending for the last 16 years, I deem it appropriate to direct the concerned Court to dispose the appeal - 6 - HC-KAR NC: 2025:KHC:31736 WP No. 28393 of 2024 with an outer limit of three (3) months from the date of receipt of a copy of this order. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 36 CT: BHK