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2026 DAILYLAW 26589 (KAR)

SRI. RAMESH PRABHU v. SRI. VENKA MENYA

WP/10989/2026 · 2026-07-02

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33038 WP No. 10989 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10989 OF 2026 (GM-CPC) BETWEEN: 1. SRI. RAMESH PRABHU AGED ABOUT 68 YEARS, S/O LATE DEVARAYA PRABHU 2. SRI. PRABHAKAR PRABHA AGED ABOUT 70 YEARS S/O LATE DEVARAYA PRABHU 3. SRI GANAPATHI PRABHU AGED ABOUT 65 YEARS. S/O LATE DEVARAYA PRABHU 4. SRI. GANESH PRABHU AGED ABOUT 62 YEARS S/O LATE DEVARAYA PRABHU ALL ARE RESIDING AT POST UPPUNDA VILLAGE - 576 232 KUNDAPURA TALUK UDUPI DISTRICT …PETITIONERS (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE) AND: 1. SRI. VENKA MENYA AGED ABOUT 82 YEARS S/O LINGAYYA MENYA Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33038 WP No. 10989 of 2026 2. SMT. GIRIJA HENGASU AGED ABOUT 77 YEARS W/O VENKA MENYA 3. SMT SUBBI GANIGA AGED ABOUT 85 YEARS W/O MANJAYYA MENYA 4. SRI. NAGESH GANIGA AGED ABOUT 63 YEARS S/O MANJAYYA GANIGA 5. SRI RAMA GANIGA AGED ABOUT 61 YEARS S/O MANJAYYA MENYA 6. SMT NAGARATHNA GANIGA AGED ABOUT 56 YEARS D/O MANJAYYA MENYA 7. SRI CHANDRA GANIGA AGED ABOUT 54 YEARS S/O MANJAYYA MENYA 8. SRI CHIKKAYYA GANIGA AGED ABOUT 52 YEARS S/O MANJAYYA MENYA 9. SMT LAKSHMI GANIGA AGED ABOUT 50 YEARS D/O MANJAYYA MENYA 10. SRI NARAYANA MENYA AGED ABOUT 81 YEARS S/O LINGAYYA MENYA 11. SMT PARVATHY HENGSU W/O NARAYANA MENYA AGED ABOUT 75 YEARS - 3 - HC-KAR NC: 2026:KHC:33038 WP No. 10989 of 2026 RESPONDENTS NO.1 TO 11 ARE RESIDING AT POST NANDANAVANA VILLAGE - 576 219 KUNDAPURA TALUK, UDUPI DISTRICT …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE CIVIL JUDGE AND JMFC BAINDURU TO DISPOSE OFF EX. CASE NO. 63/2023 IN A TIME BOUND MANNER. B) ALLOW THIS WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking a writ of mandamus directing the Civil Judge and JMFC, Bainduru, to dispose of Execution Petition No.63/2023 in a time-bound manner. 2. Learned counsel appearing for the petitioners submits that the suit is of the year 1993 and the same came to be decreed in the year 2009. It is submitted that the execution - 4 - HC-KAR NC: 2026:KHC:33038 WP No. 10989 of 2026 petition was also filed in the year 2009 and was subsequently transferred to the present Court, where it has been renumbered as Execution Petition No.63/2023. It is further submitted that the execution petition has been pending for the last 17 years and the same is not considered. 3. Learned counsel appearing for the petitioners submits that the suit is of the year 1993, and the same came to be decreed in the year 2009, and in the year 2009 itself, the execution petition was filed and later, it was transferred to the present court and re-numbered as its Execution Petition No.63/2023. It is submitted that for the last 17 years, the execution petition has been pending, and the same has not been considered. 4. Considering the fact that the suit is of the year 1993 and the execution petition was filed in the year 2009, it is still pending before the Court, this Court is of the considered opinion that the execution petition deserves to be disposed of expeditiously. 5. Accordingly, this Court is passing the following: - 5 - HC-KAR NC: 2026:KHC:33038 WP No. 10989 of 2026 ORDER i. The writ petition is disposed of, and the Civil Judge and JMFC, Bainduru, is requested to dispose of Execution Petition No.63/2023 within an outer limit of 6 months from the date of receipt of the copy of the order. ii. This Court is not issuing notice to the respondents as no adverse orders are passed against them and disposal of the case is in the interest of both the parties. iii. Pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 5