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2026 DAILYLAW 52175 (KAR)

SMT B T SRIDEVI v. SRI PRABHURAJ AMBLE

WP/39125/2025 · 2026-01-22

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3835 WP No. 39125 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 39125 OF 2025 (GM-CPC) BETWEEN: SMT. B. T. SRIDEVI, W/O SRI. RAVISHANKAR AGED ABOUT 53 YEARS R/O NO.101 ORCHID BLOCK, ESTEEM GARDENIA, SAHAKARANAGAR, BENGALURU – 560 092 …PETITIONER (BY SRI. H. S. PRASHANTH, ADVOCATE) AND: 1. SRI. PRABHURAJ AMBLE, S/O LATE SRI. DURADUNDIAH, AGED ABOUT 66 YEARS, R/AT NO. 304, ARCHANA ENCLAVE, PRASHANTH NAGAR, I.S.R.O LAYOUT, BENGALURU – 560 078 2. SRI. S. MANJUNATHA REDDY, S/O LATE SRI. S. BALI REDDY, AGED ABOUT 81 YEARS, 3. SMT. S. KAMALAMMA, W/O SRI. MANJUNATHA REDDY, AGED ABOUT 77 YEARS, 4. SMT. T. PALLAVI, W/O SRI. T. ASHOK KUMAR REDDY, AGED ABOUT 55 YEARS, 5. SRI. S. ADINARAYANA REDDY, S/O SRI. S. MANJUNATHA REDDY, AGED ABOUT 53 YEARS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3835 WP No. 39125 of 2025 6. SRI. S. RAMANA REDDY, S/O SRI. S. MANJUNATHA REDDY, AGED ABOUT 51 YEARS, RESPONDE NO. 2 TO 6 ARE RESIDING AT PEMMANAKUNTAPALLI VILLAGE, NALLAMADA MANDALAM, ANANTAPUR DISTRICT, ANDRA PRADESH – 515 501 …RESPONDENTS (BY SRI. R. B. SANGAMESH, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI TO TRY AND DISPOSE OF APPLICATION I.A.NO. 24 FILED BY THE PETITIONER IN EX P NO. 32/2024 (ANNEXURE-C) PENDING ON ITS FILE WITHIN A PERIOD OF ONE MONTH FROM THE DATE OF NEXT HEARING OR WITHIN SUCH TIME AS THIS HON’BLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “to direct the Hon’ble Senior Civil Judge and JMFC at Devanahalli to try and dispose of Application I.A.No.24 filed by the Petitioner in Ex.P.No.32/2024, Annexure-C pending on its file within a period of one month from the date of next hearing or within such time as this Hon’ble Court deems fit to - 3 - HC-KAR NC: 2026:KHC:3835 WP No. 39125 of 2025 grant and pass such other order or orders as this Hon’ble Court deems fit to grant, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. The limited grievance of the petitioner sought for in the present petition is that the application, I.A.No.24 filed by the petitioner-objector in the instant Ex.No.32/2024 is for disposal of his application filed under Order XXI Rule 97 CPC, within a stipulated time frame and the matter is posted before the Trial Court on 21.02.2026. 4. In view of the aforesaid facts and circumstances and the undisputed fact that the application filed by the petitioner on 05.07.2025, I.A.No.24 is still pending consideration as on today, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the Executing Court to consider and pass appropriate orders on I.A.No.24 filed by the petitioner-objector in accordance with law, after hearing petitioner as well as decree holder, within a period of one month from 21.02.2026. All rival - 4 - HC-KAR NC: 2026:KHC:3835 WP No. 39125 of 2025 contentions on all aspects of the matter are kept/left open and no opinion is expressed on the merits/demerits of the rival contentions. 5. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 19