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2026 DAILYLAW 30159 (KAR)

MR NAGARAJA v. SMT LAKSHMIDEVAMMA

WP/9970/2026 · 2026-07-06

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33775 WP No. 9970 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9970 OF 2026 (GM-CPC) BETWEEN: MR NAGARAJA S/O NARAYANAPPA AGED ABOUT 35 YEARS, R/AT BALENAHALLI VILLAGE, SOMENAHALLI HOBLI, GUDIBANDE TALUK -561207 …PETITIONER (BY SRI. MOHANA CHANDRA P., ADVOCATE) AND: 1. SMT LAKSHMIDEVAMMA AGED ABOUT 60 YEARS, D/O LATE CHIKKA CHOWDAPPA W/O RAJANNA 2. MR NAGARAJA AGED ABOUT 29 YEARS, S/O RAJANNA R1 AND R2 ARE R/AT KONDAVABANAHALLI VILLAGE, SOMENAHALLI HOBLI, GUDIBANDE TALUK-561207 CHIKKABALLAPURA DISTRICT. 3. MR. HANUMANTHAPPA Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33775 WP No. 9970 of 2026 AGED ABOUT 54 YEARS, S/O LATE CHIKKA CHOWDAPPA R/AT HUNASAMARANAHALLI, JALA HOBLI, BANGALORE NORTH, BANGALORE RURAL DISTRICT - 562 157 4. MYAKALAPPA SINCE DEAD BY HIS L.RS. VENKATAMMA, AGED ABOUT 79 YEARS, W/O LATE MYAKALAPPA 5. NARASIMHAPPA K M AGED ABOUT 61 YEARS, S/O LATE MYAKALAPPA 6. M. NARASAREDDY, AGED ABOUT 59 YEARS, S/O LATE MYAKALAPPA 7. SMT. K.N. VASANATHAMMA AGED ABOUT 52 YEARS, W/O M.NARASAREDDY 8. MR. K.N. NAVEEN AGED ABOUT 34 YEARS, S/O M. NARASAREDDY, 9. SMT. PEDDAPOTHULA RADHIKA AGED ABOUT 33 YEARS, W/O NAVEENA 10. MR. K.N. TEJAS AGED ABOUT 30 YEARS, S/O M. NARASAREDDY - 3 - HC-KAR NC: 2026:KHC:33775 WP No. 9970 of 2026 RESONPONDENTS NO.4 TO 10 ARE R/AT KONDAVABANAHALLI VILLAGE SOMENAHALLI HOBLI GUDIBANDE TALUK - 561 209 11. MR. CHANDRASHEKARA K.L. AGED ABOUT 29 YEARS, S/O LAKSHMANA R/AT KONDAVABANAHALLI VILLAGE, SOMENAHALLI HOBLI, GUDIBANDE TALUK - 561 209 12. MR. K.V. NARAASREDDY, AGED ABOUT 49 YEARS, S/O CHIKKA VENKATAREDDY R/AT KONDAVABANAHALLI VILLAGE, SOMENAHALLI HOBLI, GUDIBANDE TALUK - 561 209 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTING THE COURT OF CIVIL JUDGE AND JMFC GUDIBANDE TO DISPOSE OF IA NO. 4 UNDER ORDER VII RULE 11 (a) AND (d) OF CPC FILED BY THE PETITIONER DATED 31.08.2024 IN OS NO. 269/2021 VIDE ANNX-D WITHIN THE TIME FIXED BY THIS HONBLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2026:KHC:33775 WP No. 9970 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayers: "a) Issue a writ of Mandamus or any other writ or order or direction directing the court of Civil Judge and JMFC, Gudibande to dispose of I.A. NO.4 under Order VII Rule 11(a) and (d) of C.P.C. filed by the Petitioner dated 31-8-2024 in O.S.NO. 269/2021 vide ANNEXURE -D within the time fixed by this Hon'ble Court, and b) Grant such other and further reliefs as this Hon'ble Court deems to grant under the circumstances of the case in the interest of justice and equity." 2. Learned counsel for the petitioners submits that IA No.4 was filed on 31.08.2024 under Order VII Rule 11(a) and (d) of CPC and the same has not been considered till date. Having heard the learned counsel for the petitioners perused the material on record. Considering the fact that the IA No.4 was filed in the year 2024 and is yet to be considered, this Court deems it appropriate to pass the following: - 5 - HC-KAR NC: 2026:KHC:33775 WP No. 9970 of 2026 ORDER i. Accordingly, the writ petition is disposed of, directing the Trial Court to consider and dispose of IA No.4 within a period of 8 weeks 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.: 8