Karnataka High Court
Smt. Anuradha @ Desai Anuradha vs Sri. Keshava Reddy on 19 February, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:7069
WP No. 4142 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.4142 OF 2024 (GM-CPC)
BETWEEN:
SMT. ANURADHA @ DESAI ANURADHA
W/O. SRI. VISHNUVARDHAN REDDY,
D/O. SRI. LATE G. SHIVARAMI REDDY,
AGED ABOUT 64 YEARS,
R/AT 4 A, MIRAYA GRANT,
NO.43, VITTAL MALLYA ROAD,
OPPOSITE ICICI BANK,
BENGALURU-560 001.
...PETITIONER
(BY SRI. ARUNA SHYAM., SENIOR COUNSEL FOR
SRI. DARSHAN R., ADVOCATE)
AND:
1. SRI. KESHAVA REDDY
S/O. SRINIVASA REDDY,
AGED ABOUT 65 YEARS,
R/AT NO.62, JAYAPRAGATHI LAYOUT,
Digitally signed by KUDLU VILLAGE,
VANDANA S
Location: High MADIWALA POST,
Court of Karnataka BENGALURU-560 068.
2. SMT. THULASAMMA
W/O. LATE G. SHIVARAMI REDDY,
AGED ABOUT 68 YEARS,
R/AT NO. 159/3RT,
VIJAYANAGAR COLONY,
HYDERABAD,
TELANGANA. - 500 001.
...RESPONDENTS
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NC: 2024:KHC:7069
WP No. 4142 of 2024
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE PRL. CIVIL
JUDGE, ANEKAL, BENGALURU RURAL DIST., (TRIAL COURT) TO
PASS ORDER ON IA NO.VIII FILED BY THE PETITIONER /
DEFENDANT NO.1(b) ON 12.06.2023 (ANNEXURE-K) FILED IN
ORIGINAL SUIT NO.32/2014 WITH RESPECT TO THE SUIT
SCHEDULE PROPERTY IN AN EXPEDITIOUS AND IN TIME BOUND
MANNER AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition by defendant No.1(b) in O.S.No.32/2014 on the file of the IV Addl. Civil Judge & JMFC, Anekal, is for a direction to the Trial Court to consider and pass appropriate orders on I.A.No.8 dated 12.06.2023 filed by the petitioner, which is still pending consideration. It is submitted that the suit presently stands posted on 02.04.2024 and petitioner may be permitted to get the case preponed / advanced to an earlier date and also directions may be issued to the Trial Court to dispose of the said application.
2. In view of the aforesaid facts and circumstances and urgency pleaded on behalf of the petitioner that application - I.A.No.8 is pending consideration since 12.06.2023, I deem it just and appropriate to dispose of this petition by reserving liberty in favour of the petitioner to request the Trial Court to prepone / advance the suit from 02.04.2024 to an earlier date. If such a -3- NC: 2024:KHC:7069 WP No. 4142 of 2024 request is made by the petitioner by filing preponement / advance application, the Trial Court shall notify the other parties and consider and pass appropriate orders on the application - I.A.No.8 within a period of one month from the date to which the suit gets preponed / advanced by the Trial Court.
3. Subject to aforesaid directions, petition stands disposed of.
SD/-
JUDGE SV List No.: 1 Sl No.: 82