Karnataka High Court
Sri B S Rathan Kumar Alias B S Rathan Singh vs M/S S B Minerals Hospet on 27 June, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2023:KHC-D:6389
WP No. 103883 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 103883 OF 2023 (GM-RES)
BETWEEN:
SRI B.S. RATHAN KUMAR ALIAS
B.S. RATHAN SINGH,
AGED ABOUT 56 YEARS,
S/O. LATE B.S. SATHYANARAYANA SINGH,
SINCE DEAD REPRESENTED BY HIS LRS.,
1. SMT. SANGEETHA SINGH,
W/O. LATE B.S. RATAN SINGH,
AGED ABOUT 64 YEARS,
RESIDING AT RANIPET,
HOSPETE, BALLARI DISTRICT 583201.
2. SMT. KAJOL SINGH,
AGED ABOUT 32 YEARS,
D/O. LATE B.S. RATHAN SINGH,
RESIDING AT RANIPET,
ROHAN
HADIMANI
HOSPETE, BALLARI DISTRICT-583201.
T
High Court
of
Karnataka,
...PETITIONERS
Dharwad
(BY SRI SAMMITH S., ADVOCATE THROUGH VK)
AND:
1. M/S. S.B. MINERALS, HOSPET,
A PARTNERSHIP FIRM,
INCORPORATED NDER THE PARTNERSHIP ACT, 1932,
HAVING ITS REGISTERED OFFICE AT,
5TH WARD, HOSPET,
BELLARI DISTRICT-583201,
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WP No. 103883 of 2023
REPRESENTED BY ITS MANAGING PARTNER,
MR. B.H. SHANKAR SINGH.
2. SRI B.S. GOPAL SINGH,
S/O. LATE B.H. SHANKAR SINGH,
MANAGING PARTNER OF S.B. MINERALS,
RESIDING AT 5TH WARD, HOSPET,
BELLARI DISTRICT-583201.
SRI. B.S. PRUTHVIRAJ SINGH,
S/O. B.H. SHANKAR SINGH,
SINCE DEAD REPRESENTED BY LRS,
3. SMT. SUNITHA BAI,
AGED ABOUT 78 YEARS,
W/O. LATE B.S. PRUTHVIRAJ SINGH,
RESIDING AT 5TH WARD, HOSPET,
BELLARI DISTRICT-583201.
4. SMT. MADHUMATHI,
AGED ABOUT 68 YEARS,
W/O. LATE B.S. PRUTHVIRAJ SINGH,
RESIDING AT BASAVESHWARA BADAVANE HOSPET,
VIJAYNAGAR DISTRICT.
5. SRI ESWAR SINGH,
AGED ABOUT 66 YEARS,
S/O. LATE B.S. PRUTHVIRAJ SINGH,
RESIDING AT HOSPET,
BELLARI DISTRIC 583201.
6. SRI VINOD SINGH,
AGED ABOUT 60 YEARS,
S/O. LATE B.S. PRUTHVIRAJ SINGH,
RESIDING AT HOSPET,
BELLARI DISTRICT - 583201 .
7. SRI ANAND SINGH,
AGED ABOUT 63 YEARS,
RESIDING AT HOSPET,
BELLARI DISTRICT - 583201.
B.S. LAKSHMINARAYANA SINGH,
S/O. LATE B.H. SHANKAR SINGH,
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WP No. 103883 of 2023
SINCE DEAD REPRESENTED BY LRS
(ALREADY ON RECORD AS RESPONDENT 17 TO 20)
8. SRI B.S. DEEPAK SINGH,
S/O. B. SATHYANARAYANA SINGH,
RESIDING AT HOSPET,
BELLARI DISTRICT - 583201.
B.S. SREENIVASA SINGH,
S/O. LATE B.H. SHANKAR SINGH,
SINCE DEAD REPRESENTED BY LRS .
9. SMT. B.S. POORNIMA,
AGED ABOUT 54,
W/O. LATE B.S. SREENIVAS SINGH,
HSR LAYOUT, BANGALORE.
10. SRI B.S. HRITHIK,
AGED ABOUT 28 YEARS,
S/O. LATE B.S. SREENIVAS SINGH,
RESIDING AT NO. 211,
8TH MAIN, 1ST PHASE,
HSR LAYOUT,
KALYAN NAGAR, BANGALORE.
11. B.S. PANDURANGA SINGH,
PARTNER AT M/S. S.B. MINERALS, HOSPET,
S/O. LATE B.S. BALAJI SINGH,
HAVING OFFICE AT 5TH WARD, HOSPET,
BELLARI DISTRICT - 583201.
12. S.B. JAIRAJ SINGH,
PARTNER AT M/S. S.B. MINERALS, HOSPET,
S/O. LATE B.S. BALAJI,
HAVING OFFICE AT 5TH WARD, HOSPET,
BELLARI DISTRICT - 583201.
13. B.S. NANDAKUMAR SINGH,
PARTNER AT M/S. B.S MINERALS, HOSPET,
HAVING OFFICE AT 5TH WARD, HOSPET
BELLARI DISTRICT - 583201.
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WP No. 103883 of 2023
14. B.S. DILIP SINGH,
AGED ABOUT 41 YEARS,
S/O. LATE SATHYANARAYANA SINGH,
RESIDING AT NO.10, RANIPET, HOSPET,
BELLARI DISTRICT - 583201.
15. PRAVEEN SINGH,
AGED ABOUT 41 YEARS,
S/O. LATE SATHYANARAYANA SINGH,
RESIDING AT NO.10,
RANIPET, HOSPET,
BELLARI DISTRICT - 583201.
16. B.S. ANNAPURAM,
W/O. LATE B.S. SATHYANARAYANA SINGH,
RANIPET HOSPET,
BELLARI DISTRICT - 583201.
SMT. JAYA BAI,
AGED ABOUT 65 YEARS,
D/O. LATE LAKSHMINARAYANA SINGH,
RESIDING AT NO. 54,
SHAMSINGH COMPLEX,
GANDHI BAZAR, MAIN ROAD,
BASAVANAGUDI, BANGALORE
SINCE DEAD REPRESENTED BY LRS
(ALREADY ON RECORD AS RESPONDENT 17 TO 20)
17. SMT. REKHA SINGH,
D/O. LATE LAXMINARAYANA SINGH,
AGED ABOUT 58 YEARS,
RESIDING AT NO.54,
SHAMSINGH COMPLEX,
GANDI BAZAR, MAIN ROAD,
BASAVANAGUDI BANGALORE.
18. SMT. RENUKA SINGH,
AGED ABOUT 56 YEARS,
D/O. LAKSHMINARAYANA,
RESIDING AT D.NO. 2,
1ST PHASE, 4TH MAIN,
SESHADRIPURA, BANGALORE.
19. SMT. SUNITHA SINGH,
AGED ABOUT 55 YEARS,
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WP No. 103883 of 2023
D/O. LAKSHMINARAYANA,
RESIDING AT BASAVESHWRA BADAVANE,
HOSAPET.
20. SMT. RANI SAMYUKTHA,
AGED ABOUT 45 YEARS,
RESIDING NEAR HUDI OFFICE, HOSAPET,
BALLARI DISTRICT.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
GRANT A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS, DIRECTING THE LEARNED PRINCIPAL CIVIL
JUDGE AND JMFC, HOSPET TO DELIVER THE FINAL DECREE IN
FDP NO.7/2015, EXPEDITIOUSLY IN A TIME BOUND MANNER;
ALTERNATIVELY GRANT A WRIT, ORDER OR DIRECTION IN THE
NATURE OF MANDAMUS, DIRECTING THE MATTER IN FDP
NO.7/2015 TO BE POSTED FOR A TIME BOUND DISPOSAL
BEFORE A DIFFERENT BENCH.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 103883 of 2023
ORDER
Heard learned counsel Sri.Sammith S. for petitioners.
2. Notice to respondents is not issued as the prayer made in this petition is only to the extent of direction to the learned Prl. Civil Judge and JMFC., Hospet to pass orders on the final decree proceedings expeditiously.
3. The short point involved in this petition is that the petitioner being successful in the suit, preferred final decree proceedings in terms of preliminary decree dated 23.02.2010 in OS No.152/2001. In the final decree proceedings, the matter has been heard on several occasions and has been posted for passing orders. Therefore, the petitioners have moved this Court on the ground that the petitioners predecessors had approached Trial Court nearly 22 years ago in OS No.152/2001 and case is disposed by way of judgment and decree in their favour and they are unable to enjoy the fruits of the decree.
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4. It is also contended that despite arguments have been concluded over 11 months, no orders are passed in the FDP proceedings. Hence, the petitioner is before this Court seeking for a direction to the trial Court to dispose of the FDP proceedings in FDP No.7/2015 in an expeditious manner.
5. I do not find any need to issue notice to the respondents as no relief is claimed against the respondents as the petitioners grievance is only with regard to disposal of the FDP proceedings by the trial Court despite posting the matter on several times and arguments have been completed. It is also brought to the notice of this Court that as on 06.07.2022, the parties to the proceedings were heard and matter was posted for orders and thereafter more than 11 adjournments till the date of filing of this petition, 11 hearing dates have gone by no orders are passed.
6. Having heard the learned counsel for the petitioners, I deem it appropriate to pass the following: -8-
NC: 2023:KHC-D:6389 WP No. 103883 of 2023 ORDER Petition is allowed.
A direction is issued to the learned Prl. Civil Judge and JMFC., Hospet to dispose of the FDP proceedings in FDP No.7/2015 in an expeditious manner not later than three months from the date of receipt of copy of this order. It is made it clear that this Court has not expressed any opinion or observation with regard to merits and demerits of the case.
Sd/-
JUDGE HMB List No.: 1 Sl No.: 12