Karnataka High Court
Smt. Shanthamma vs P. M. Nanjegowda on 11 December, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2023:KHC:44908
WP No. 27249 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 27249 OF 2023 (GM-CPC)
BETWEEN:
1. SMT. SHANTHAMMA,
AGED ABOUT 51 YEARS,
WIFE OF KEMPEGOWDA,
RESIDING AT RAYAPPANA PALYA,
KUDHUR POST,
MAGADI TALUK - 562 120.
2. SMT. P. M. JAYAMMA,
AGED ABOUT 75 YEARS,
WIFE OF H.T.LEELAMURTHY,
R/AT NO.987,
ATHMIYA GELEYARA BALAGA LAYOUT,
3RD CROSS, 11TH MAIN ROAD,
HESARAGHATTA MAIN ROAD,
Digitally signed
by SUCHITRA BANGALORE - 560 090.
MJ
Location: HIGH
COURT OF 3. SMT. P.M.SHAKUNTHALAMMA,
KARNATAKA
AGED ABOUT 68 YEARS,
WIFE OF LAKKAPA,
KUPPEPALYA VILLAGE,
THIPPASANDRA HOBLI,
BISKUR POST,
MAGADI TALUK - 562 120.
SMT. NEELAMMA,
REPRESENTED BY HER LRS.,
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WP No. 27249 of 2023
4. MANJUNATH,
AGED ABOUT 45 YEARS,
S/O NEELAMMA,
5. SURESH,
AGED ABOUT 42 YEARS,
S/O. NEELAMMA,
BOTH ARE R/AT NO.346, 1ST MAIN,
RAVI KIRLOSKAR BADAVANE,
NAGASANDRA POST,
NEAR CHIKKA BIDARKAL,
TUMKUR ROAD,
BANGALORE - 560 073.
6. SMT. MANJULA,
AGED ABOUT 61 YEARS,
W/O. THIMMEGOWDA,
RESIDING AT KERE KATHIGANANURU,
BILIYANAKOTE POST, SOMAPURA HOBLI,
NELAMANGALA TALUK - 562 123.
7. SMT. VIJAYAMMA,
AGED ABOUT 54 YEARS,
W/O. VENKATEGOWDA,
R/AT NO.36, 5TH CROSS, SRIRAMAPURA,
BANGALORE - 560 002.
8. P.M.HANUMANTHARAYAPPA,
S/O. LATE SRI. P.A.MAREGOWDA,
AGED ABOUT 71 YEARS,
R/AT PALAYADAHALLI VILLAGE,
THIPPASANDRA HOBLI,
BISKUR POST, MAGADI TALUK,
RAMANAGARA DISTRICT - 562 159.
...PETITIONERS
(BY SRI. SHANKARAPPA.,ADVOCATE)
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WP No. 27249 of 2023
AND:
1. P. M. NANJEGOWDA,
S/O. MAREGOWDA,
AGED ABOUT 74 YEARS,
R/AT PALAYADAHALLI VILLAGE,
THIPPASANDRA HOBLI,
BISKUR POST, MAGADI TALUK,
RAMANAGARA DISTRICT - 562 159.
2. SMT. RAMAKKA,
W/O. RAMAKRISHNAIAH,
AGED ABOUT 67 YEARS,
R/O. NO.60, 1ST MAIN ROAD,
NEW EXTENSION,
MANJUNATHANAGARA,
NAGASANDRA POST,
BENGALURU - 560 073.
3. SMT. RADHAMMA,
W/O. G. THIMMEGOWDA,
AGED ABOUT 61 YEARS,
R/AT NO.38, 60 FEET ROAD,
II MAIN ROAD, A.E.C.S. LAYOUT,
BANGALORE.
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
SENIOR CIVIL JUDGE AND JMFC COURT, MAGADI, RAMNAGARA
DISPOSE THE FDP NO.14/2019 EXPEDITIOUSLY AND PASS
SUCH ORDERS AS THIS HONBLE COURT DEEMS FIT.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 27249 of 2023
ORDER
Heard Sri. Shankarappa, learned counsel for the petitioners, plaintiffs in FDP.No.14/2019 on the file of the Senior Civil Judge and JMFC at Magadi, Ramanagara. Perused the writ petition papers.
2. Learned counsel for the petitioners would submit that the petitioners are before this Court, praying for a direction to the trial Court to dispose FDP.No.14/2019 expeditiously. Further, learned counsel submits that the judgment and decree is dated 19.12.2008, which is confirmed in R.A.No.59/2010 dated 20.07.2017 as well as RSA.No.1702/2017 dated 28.03.2019. Learned counsel further submits that the parties are served and FDP.No.14/2019 is posted for hearing on I.As and it is submitted that the trial Court is adjourning hearing on I.As from time to time. Hence, he submits that a direction be issued to the trial Court to dispose of FDP.No.14/2019 in an expeditious manner. -5-
NC: 2023:KHC:44908 WP No. 27249 of 2023
3. Having heard the learned counsel for the petitioner and on perusal of the writ petition papers, I am of the view that the FDP is being adjourned from time to time to hear I.A.Nos.7, 8 and 9 since January, 2023.
4. In view of the above circumstances, the trial Court shall endeavor for early disposal of the above stated I.As as well as FDP with the cooperation of the learned counsels for the parties as well as parties to the proceedings.
With the above, writ petition stands disposed off.
Sd/-
JUDGE SMJ List No.: 1 Sl No.: 43