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2025 DAILYLAW 90913 (KAR)

SRI SRI VIDYAPRASANNA THEERTHA SWAMIJI v. MR. KITTANA RAI

WP/17304/2025 · 2025-08-18

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31753 WP No. 17304 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. 17304 OF 2025 (GM-CPC) BETWEEN: SRI. SRI. VIDYAPRASANNA THEERTHA SWAMIJI PEETADHIPATHI, JAGADGURU SREE MADHWACHARYA MAHASAMSTHANAM, SREE SAMPUTA NARASIMHA MUTT, SUBRAMANYA, SULLIA TALUK, D.K DISTRICT - 574 238. REP. BY ITS GPA HOLDER, SRI. S.R. PRASANNA, S/O LATE S.R. RAO, AGED ABOUT 62 YEARS, NO. 24, 1ST MAIN ROAD, SHESHADRIPURAM, BENGALURU - 560 020. …PETITIONER (BY SRI. UDAYA PRAKASH M, ADVOCATE) AND: MR. KITTANA RAI S/O KUKKANNA RAI, AGED ABOUT 66 YEARS, R/AT SUBRAMANYA VILLAGE, SULLIA TALUK, D.K. DISTRICT - 574 238. …RESPONDENT Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31753 WP No. 17304 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT CIVIL JUDGE AND JMFC, SULLIA, TO DISPOSE OF O.S.NO. 86/2017 ON ITS FILE, AS EXPEDITIOUSLY AS POSSIBLE, HOWEVER, WITHIN THE PERIOD TO BE FIXED BY THE HONBLE COURT IN THE INTEREST OF EQUITY AND JUSTICE. 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 prayers: "a. Issue a writ of Mandamus or any other writ, order or directions directing Civil Judge & JMFC, Sullia, to dispose of O.S.No.86/2017 on its file, as expeditiously as possible, however, within the period to be fixed by the Hon'ble Court, in the interest of equity and justice. b. To pass such other and further orders to be granted under the circumstances of the case." 2. Heard Shri Udaya Prakash M., learned counsel appearing for the petitioner. 3. The petitioner is the plaintiff, institutes a suit for delivery of vacant possession against the respondent. The concerned court has not commenced or concluded the trial - 3 - HC-KAR NC: 2025:KHC:31753 WP No. 17304 of 2025 despite the fact that a suit for possession is filed and pending eight years ago. 4. In the light of the prayer being innocuous only to dispose the suit, within a time frame and a suit being one of possession, I deem it appropriate to direct the concerned court to dispose the petition, within an outer limit of six months from the date of receipt of the copy of the order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 94 CT: BHK