SRI. PADACHURI JAGADISH @ PADACHURI v. SMT. PADMAVATHI L
WP/23680/2025 · 2025-09-15
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 90581 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90581 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36444 WP No. 23680 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.23680 OF 2025 (GM-CPC) BETWEEN:
SRI. PADACHURI JAGADISH @ PADACHURI S/O SRI. BALARAM GUPTA, AGED ABOUT 81 YEARS, R/AT NO.695, 10TH E MAIN, 34TH CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU - 560 011. …PETITIONER (BY SRI. G. B. NANDISH GOWDA., ADVOCATE)
AND:
SMT. PADMAVATHI L W/O SRI. PARTHASARATHY, AGED ABOUT 54 YEARS, R/AT NO.152, NALLURAHALLI VILLAGE, K. R. PURAM HOBLI, WHITEFIELD POST, BENGALURU - 560 066. …RESPONDENT
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE TRIAL COURT i.e., THE COURT OF 3RD ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU TO DISPOSE OF THE SUIT IN O.S NO.1030/2016 FILED BY THE PLAINTIFF/ RESPONDENT HEREIN AT THE EARLIEST VIDE ANNEXURE-A; b) AND GRANT SUCH OTHER ORDER OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE, INCLUDING COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36444 WP No. 23680 of 2025
THIS PETITION COMING ON FOR ORDERS 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 prayers:-
"a) Issue a writ in the nature of mandamus directing the trial court i.e., the court of 3rd Additional Senior Civil Judge, Bengaluru Rural District at Bengaluru to dispose of the suit in O.S No.1030/2016 filed by the plaintiff/ respondent herein at the earliest vide annexure-a;
b) And grant such other order or directions as this Hon’ble Court deems fit under the circumstances of the case, including costs, in the interest of justice and equity."
2. The petitioner is defendant No.10 in a suit instituted seeking partition and separate possession in O.S.No.1030/2006. The defendant No.7 alleging that the matter is pending for long had approached this Court in W.P.No.58474/2013 which came to be disposed on 04.03.2014 by the following order:-
“Notice to respondents is dispensed with since the order to be passed does not affect them.
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HC-KAR NC: 2025:KHC:36444 WP No. 23680 of 2025
2. The only grievance of the petitioner is that suit is pending since 2006 and therefore a direction be issued to the Court below to dispose of the suit expeditiously.
3. It is brought to the notice of the Court that the suit is still pending at the preliminary stage inasmuch as the service is not complete. There is no reason as to why the proceedings in the suit are allowed to be dragged on. Therefore the Court below is directed to proceed with the suit in accordance with law and decide the same on or before 31st December 2014. Petition is disposed of accordingly.”
3. The Co-ordinate Bench had directed disposal of the suit on or before 31.12.2014. Close to 11 years have passed by, the suit still languishes before the concerned Court. Therefore, the concerned Court shall now endeavour to conclude the proceedings within
31.12.2025.
Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
MH/- List No.: 1 Sl No.: 27