Karnataka High Court
Sri Chandrashekar vs Smt Radhamma on 9 March, 2018
Author: B M Shyam Prasad
Bench: B.M.Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF MARCH 2018
BEFORE
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
W.P.NOs.120-128/2018 (GM-CPC)
BETWEEN
1. SRI CHANDRASHEKAR
SON OF LATE SEETHARAMAIAH
AGED ABOUT 60 YEARS,
2. SMT.BHAGAWATHAMMA,
WIFE OF SRI KRISHNAPPA,
DAUGHTER OF LATE SEETHARAMAIAH,
AGED ABOUT 58 YEARS,
3. SRI RAMANJINI,
SON OF LATE SEETHARAMAIAH,
AGED ABOUT 53 YEARS,
4. SRI MUKUNDA,
S/O LATE SEETHARAMAIAH,
AGED ABOUT 51 YEARS,
5. SRI RAVI KUMAR,
S/O LATE SOMASUNDAR,
AND LATE JANAKAMMA,
AGED ABOUT 40 YEARS,
6. SRI RENUKA PRASAD S
SON OF LATE SOMASUNDAR
AND LATE JANAKAMMA
AGED ABOUT 38 YEARS,
2
7. SMT.ANNAPURNA,
WIFE OF VENKATARAJU,
AND LATE JANAKAMMA,
AGED ABOUT 36 YEARS,
8. SMT.SHOBA,
WIFE OF SRI GUNDAPPA,
AGED ABOUT 34 YEARS,
THE PETITIONERS NO.1 TO 8 ARE
RESIDING AT NO.27/30,
GOVINDAPURA,
ARABIC COLLEGE POST,
BANGALORE - 560 045.
9. SMT.KAMALAKSHI,
WIFE OF SRI BYATARAJU,
AGED ABOUT 49 YEARS
NO.35, SUNNADAGUDU,
7TH CROSS, RAMAKRISHNANAGAR,
J.P.NAGAR POST,
BANGALORE - 560 078. ...PETITIONERS
(BY SRI C SHANKAR REDDY, ADVOCATE)
AND :
1. SMT.RADHAMMA,
AGED ABOUT 60 YEARS,
DAUGHTER OF LATE SMT.PUTTAMMA
AND GURUSWAMY
WIFE OF SRI SIDDAPPA,
RESIDING AT NO.9/1, 2ND STAGE,
5TH CROSS, CHINNAUYYANAPALYA,
HULSON GARDEN,
BANGALORE - 560 030
2. SMT.SATHYAVATHI,
AGED ABOUT 55 YEARS,
3
DAUGHTER OF LATE SMT.PUTTAMMA
AND GURUSWAMY,
WIFE OF KRISHNA .G
RESIDING AT NO.2057, 14TH MAIN,
7TH CROSS, H.A.L.3RD STAGE,
BANGALORE - 560 008
3. SMT.THARA
AGED ABOUT 53 YEARS,
WIFE OF SRINIVAS,
DAUGHTER OF LATE
SMT.PUTTAMMA AND GURUSWAMY,
4. SMT.SUGUNA,
AGED ABOUT 51 YEARS,
WIFE OF SRI VIJAY KUMAR,
DAUGHTER OF LATE
SMT.PUTTAMMA AND GURUSWAMY
THE RESPONDENTS NO.3 AND 4
ARE RESIDING AT NO.16,
'SRINIVASA NILAYA',
13TH MAIN ROAD,
LAKKASANDRA LAYOUT,
BANGALORE - 560 030.
5. SMT.A.B.PANKAJA,
AGED ABOUT 49 YEARS,
WIFE OF LATE PRAVEEN KUMAR,
DAUGHTER OF LATE
SMT.PUTTAMMA AND GURUSWAMY
RESIDING NO.414, 13TH MAIN
LAKKASANDRA LAYOUT,
BANGALORE - 30.
6. SMT.SHANTHA,
AGED ABOUT 54 YEARS,
WIFE OF LAKSHMINARAYANA,
DAUGHTER OF LATE A.MUNISHAMAIAH
4
RESIDING AT NO.104,
PRAVANI RESIDENCY, PUTTENAHALLI
YELAHANKA POST,
BANGALORE - 560 064.
7. SMT PRAMILA
AGED ABOUT 49 YEARS
W/O PURUSHOTHAMA
D/O LATE A MUNISHAMAIAH
R/A NO.2/3, 13TH MAIN ROAD
3RD STAGE, MANJUNATHA NAGAR
RAJAJINAGAR
BANGALORE-560010
8. SRI ASHOKA
AGED ABOUT 52 YEARS
S/O LATE A MUNISWAMAIAH
R/A NO.5/A, KANAKANAGARA
R T NAGAR POST
BANGALORE-560032
9. SRI MUNIRAMAIAH
AGED ABOUT 78 YEARS
S/O LATE ABBAIAHAPPA
R/A 135/6, 2ND B CROSS
FREEDOM FIGHTER RAMANNA ROAD
KALASIPALYA, BANGALORE-560002
10. SMT NARAYANAMMA
AGED ABOUT 74 YEARS
W/O LATE MUNISHAMAIAH
RESIDING NEAR PUTTENAHALLI BUS STOP,
YELAHANKA POST
BANGALORE-560064
11. SMT KRISHNAMMA
AGED ABOUT 69 YEARS
D/O VENKATAPPA @ ABBAIAHYAPPA
W/O P MUNIRAMAIAH
5
RESIDING AT NO.484
2ND STAGE, 15TH CROSS
INDIRANAGAR, BANGALORE-560038
12. SMT MANGAMMA
AGED ABOUT 70 YEARS
D/O VENKATAPPA @ ABBAIAHYAPPA
W/O DASAPPA
RESIDING NEAR PUTTENAHALLI BUS STOP
YELAHANKA POST, BANGALORE-560064
13. SMT THULASAMMA
AGED ABOUT 69 YEARS
DAUHTER IN LAW OF LATE GURRAMMA
W/O LATE C THAMMAIAH
RESIDING AT GOVINDAPURA
ARABIC COLLEGE POST
BANGALORE-560045
14. SMT CHANNAMMA
AGED ABOUT 58 YEARS
W/O GURUVAIAH
RESIDING AT NIDAGELE
T BEKUPPA POST
KANAKAPURA TALUK
RAMANAGARA DISTRICT - 571 511.
15. SMT GOWRAMMA
AGED ABOUT 59 YEARS
W/O LATE RAMACHANDRAMURTHY
16. SRI SUNIL
AGED ABOUT 29 YEARS
S/O LATE SRI RAMACHANDRAMURTHY
GRANDSON OF LATE C THAMMAIAH
17. SRI ANIL
AGED ABOUT27 YEARS
S/O LATE RAMACHANDRAMURTHY
6
18. SRI NIKHIL KUMAR
AGED ABOUT 25 YEARS
S/O LATE RAMACHANDRAMURTHY
THE RESPONDENTS NO.16 TO 18 ARE
RESIDING AT GOVINDAPURA
ARABIC COLLEGE POST
BANGALORE-560045
19. SRI T RAGU @ RAJEEV RAGHURAJ
AGED ABOUT 52 YEARS
S/O LATE C THAMMAIAH
RESIDING AT NO.B.625
NEW HOUSING COLONY
IISC QUARTERS
BANGALORE-12.
20. SMT SUMITHRAMMA
AGED ABOUT 51 YEARS
W/O BYTARAYA
D/O LATE C THAMMAIAH
RESIDING AT GOVINDAPURA
ARABIC COLLEGE POST
BANGALORE-560045
21. SRI T MURALIDHAR
AGED ABOUT 49 YEARS
S/O LATE C THAMMAIAH
RESIDING AT GOVINDAPURA
ARABIC COLLEGE POST
BANGALORE-560045
22. SRI T MANJUNATHA
AGED ABOUT 45 YEARS
S/O LATE C THAMMAIAH
R/A NO.260/6, PWD QUARTERS
YELAHANKA NEW TOWN
BANGALORE-64
7
23. SRI NANJUNDASWAMY
AGED ABOUT 65 YEARS
S/O LATE KARIBASAPPA
24. SRI GURUSWAMY
AGED ABOUT 62 YEARS
S/O LATE KARIBASAPPA
THE RESPONDENTS NO.23 AND 24
ARE RESIDING AT NO.03,
NEW NO.1879, GOVINDAPURA
ARABIC COLLEGE POST
BANGALORE-560045
25. SRI SHIVA
AGED ABOUT 34 YEARS
S/O. LATE BASAVARAJU
RESIDING AT NO.37, HAINES ROAD
PULAKESHI NAGAR(FRAZER TOWN)
BANGALORE-560005
26. SMT GANGAMMA
AGED ABOUT 62 YEARS
W/O LATE K NAGARAJ
DAUGHTER IN LAW OF LATE KARIBASAPPA
R/A NO.20/14 AND 20/15
MADHAVACHAR STREET
K R MOHALLA, MYSORE-4
27. VALMARK GROUP
ABODH-VALMARK
NAGARWARA JUNCTION
BANGALORE NORTH
GOVINDAPURA, ARABIC COLLEGE POST
BANGALORE-560045
28. SRI B GOVINDARAJU
AGED ABOUT 50 YEARS
8
S/O P BALAPPA
RESIDING AT NO.515/1
T C H COLLEGE ROAD NAGAWARA
ARABIC COLLEGE POST
BANGALORE-560045
29. SRI BYRE GOWDA
AGED ABOUT 57 YEARS
S/O LATE B RAMAIAH
RESIDING AT GOVINDAPURA
ARABIC COLLEGE POST
BANGALORE-560045
30. SRI M C SRINIVASA
AGED ABOUT 46 YEARS
S/O LATE CHANCHA REDDY
RESIDING AT NO.432
4TH CROSS, 2ND BLOCK
H R B R LAYOUT
KALYAN NAGAR POST
BANGALORE-560043
31. SRI V NANJAPPA
AGED ABOUT 82 YEARS
S/O LATE VENKATAPPA
R/A NO.11/11/2-2
NEAR GOVERNMENT MIDDLE SCHOOL
GOVINDAPURA
ARABIC COLLEGE POST
BANGALORE-560045
32. SRI SYED RAHAMATHULLA
AGED ABOUT 63 YEARS
S/O LATE SYED BASHEER
GOVINDAPURA MAIN ROAD
NEAR BUS STOP
ARABIC COLLEGE POST
BANGALORE-560045
9
33. MASTER ZUHZIB TANVEER
S/O MR MOHAMED HUSSAIN
BEING MINOR REPRESENTED BY
HIS NATURAL GUARDIAN AND FATHER
MOHAMMED HUSSAIN
CIRCLE INSPECTOR OF POLICE
POLICE QUARTERS-VASANTHANAGAR
15TH MAIN ROAD, OPP.STATIONERY MART
BANGALORE-560052
34. SMT SAJEEDA
AGED ABOUT 49 YEARS
W/O SRI SYED QUDDUS
RESIDING AT NO.49, 4TH BILAL NAGAR
ARABIC COLLEGE POST
BANGALORE-560045
35. SRI S KALEEM
AGED ABOUT 54 YEARS
S/O SRI SYED ABEDULLA
RESIDING AT NO.45, BILALA NAGAR
4TH CROSS, ARABIC COLLEGE POST
BANGALORE-560045
36. SRI SYED GHOUSE
AGED ABOUT 49 YEARS
S/O SRI SYED ASADULLAH
RESIDING AT NO.1950, IST CROSS
DR AMBEDKAR COLLEGE MAIN ROAD
ARABIC COLLEGE POST
K G HALLI, BANGALORE-560045
37. MRS NASEEMA
AGED ABOUT 44 YEARS
D/O SRI SABJAN
R/A NO.73, MODI ROAD
D J HALLI, BANGALORE-560045
10
38. SMT KHATOON BEE
AGED ABOUT 60 YEARS
W/O SYED MASJID
NO.19, KHATOON MANZIL
8TH CROSS, 4TH MAIN ROAD
AGRAHARA DASARAHALLI
BANGALORE-560079
39. SRI GULAB JAN N
AGED ABOUT 69 YEARS
S/O SRI B NANHE JAN SAHIB
40. SMT GULZA BEGUM
AGED ABOUT 62 YEARS
W/O SRI GULAB JAN N
THE RESPONDENTS NO.39 AND 40 ARE
RESIDING AT NO.161,
GOVINDAPURA VILLAGE,
ARABIC COLLEGE POST
OPP.GOVERNMENT FAIR PRICE
DEPOT, BANGALORE-560045 ... RESPONDENTS
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE LOWER COURT, THE HONOURABLE COURT OF THE IV
ADDITIONAL CITY CIVIL COURT, MAYO HALL UNIT, BENGALURU
[CCH-21] TO ACCORD PRIORITY AND DISPOSE OF
O.S.NO.25766/2013 ON MERITS AND ALSO DISPOSE OF IA
NO.IX PENDING THEREIN A LIMITED TIME FRAME.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
11
ORDER
The plaintiffs in O.S.No.25766/2013 have filed these writ petitions seeking direction to the trial Court to accord priority and dispose of the suit within a specific time frame since the suit has been pending for adjudication for the last five years and that all the parties to the suit are senior citizens and any protracted proceedings would affect them as they will not be able to see the final out come and make necessary arrangements in so far as their interest in the suit properties.
2. The learned Counsel for the petitioners submits that presently the trial Court ought to consider the application for appointment of the Commissioner filed under Order 26 Rule 9 of the Code of Civil Procedure (for short, 'CPC') on 17.01.2014 and there has been substantial delay in consideration of this application. 12
3. The learned Counsel appearing for the petitioners, after being heard for sometime, submits that the petitioners would make appropriate request with the trial Court for expeditious consideration of the application filed under Order XXVI Rule 9 of CPC so that there could be expeditious disposal of the suit.
4. Recording this statement, the petitions are rejected.
Sd/-
JUDGE Prs*