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High Court of Karnataka · body

2025 DAILYLAW 91865 (KAR)

SMT ASHA T R v. T R ARAVIND

WP/23520/2025 · 2025-09-15

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36437 WP No. 23520 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.23520 OF 2025 (GM-CPC) BETWEEN: 1. SMT. ASHA T. R. W/O LAKSHMIPATI B.T. AGED ABOUT 47 YEARS R/AT NO.651/4/98, 3RD CROSS, JAI BHUVANESHWARI LAYOUT, K.R. PURAM, BANGALORE NORTH, BANGALORE – 560 036. 2. HAMSA T. R. D/O LATE T.K. RANGANATHAIAH AGED ABOUT 45 YEARS R/AT NO.651/98, 1ST FLOOR, BHUVANESHWARI NAGAR, 3RD CROSS, K.R. PURAM, BANGALORE – 560 036. REPTD. BY HER GPA HOLDER THE PLAINTIFF NO.1 ASHA T. R. …PETITIONERS (BY SRI. MALLAREDDY V.V., ADVOCATE) AND: T. R. ARAVIND S/O LATE T. K. RANGANATHAIAH AGED 50 YEARS R/AT C/O T. K. JAYARAMAIAH THIPPANAHALLI VILLAGE, K. G. HALLI POST, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36437 WP No. 23520 of 2025 KALLAMBELLA HOBLI, SIRA TALUK, TUMKUR DISTRICT PIN – 572 125. AND ALSO R/AT NO.651/A/98, II FLOOR 3RD CROSS, JAIBHUVANESHWARI LAYOUT, K. R. PURAM, BANGALORE NORTH, BANGALORE – 560 036. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE ORDER DATED 03.05.2025 (ANNEXURE-F) PASSED ON IA NO.7 UNDER ORDER 40 RULE 1 R/W SECTION 151 OF CPC IN O.S.NO.2154/2020 ON THE FILE OF THE HON’BLE VI ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-11), AT BENGALURU CITY, BY A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER; ii) GRANT COSTS OF THE PETITION AND; iii) GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE, EQUITY AND LAW. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petition is filed in question an order dated 03.05.2025 rejecting an application filed by the petitioners under Order 40 Rule 1 of CPC seeking appointment of a receiver. - 3 - HC-KAR NC: 2025:KHC:36437 WP No. 23520 of 2025 2. The learned counsel for the petitioners would restrict their prayer for a direction to the concerned Court to conclude the partition. The learned counsel for the petitioners submits that the suit itself could be disposed with a direction at the hands of this Court on the score that there are only two parties to the lis and the matter is at the stage of framing of issues. 3. In the light of the said submission as also the parties to the lis being only two, I deem it appropriate to direct the concerned Court to dispose the petition with an outer limit of nine months from today, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE MH/- List No.: 1 Sl No.: 25