Allowed

Smt Venkatamma v. Sri Munishami

Karnataka HC6 Dec 2021WP/20697/2021

Case brief

AI extract

What is this about?

This petition filed under Article 226 sought directions to the trial court to dispose of suit O.S.No.303/2006 expeditiously within nine months, citing the petitioner's status as a senior citizen and prolonged pendency of 15 years. The court directed the disposal within the stipulated timeframe.

What did the court decide?

Direction issued to the trial court to dispose of O.S.No.303/2006 within nine months from the date of receipt of a certified copy of this order.

Smt Venkatamma Vs Sri Munishami — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF DECEMBER 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.20697/2021 (GM-CPC)

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BETWEEN :

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SMT. VENKATAMMA D/O P. MUNIYAPPA AGED ABOUT 71 YEARS RESIDING AT SINGANAYAKANAHALLI VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 064. ... PETITIONER

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(BY SRI SUDHINDRA B.S., ADVOCATE)

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AND :

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SRI MUNISHAMI

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S/O LATE MUNIPILLAPPA AGED ABOUT 40 YEARS RESIDING AT PRASANNAHALLI VILLAGE WARD NO.1 DEVANAHALLI TOWN – 562 110.

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DEVRAJ

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S/O LATE MUNIPILLAPPA AGED ABOUT 38 YEARS RESIDING AT PRASANNAHALLI VILLAGE WARD NO.1 DEVANAHALLI TOWN – 562 110.

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VENKATESH S/O LATE MUNIPILLAPPA AGED ABOUT 34 YEARS RESIDING AT PRASANNAHALLI VILLAGE WARD NO.1 DEVANAHALLI TOWN – 562 110. 4. SMT. MALA D/O LATE MUNIPILLAPPA AGED ABOUT 32 YEARS RESIDING AT PRASANNAHALLI VILLAGE WARD NO.1 DEVANAHALLI TOWN – 562 110.

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NARAYANASWAMY S/O LATE MUNIPILLAPPA AGED ABOUT 30 YEARS RESIDING AT PRASANNAHALLI VILLAGE WARD NO.1 DEVANAHALLI TOWN – 562 110.

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NAGESH S/O LATE MUNIPILLAPPA AGED ABOUT 28 YEARS RESIDING AT PRASANNAHALLI VILLAGE WARD NO.1 DEVANAHALLI TOWN – 562 110.

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SRI DEVRAJ S/O LATE MUNIPILLAPPA AGED ABOUT 30 YEARS RESIDING AT PRASANNAHALLI VILLAGE 18^TH WARD DEVANAHALLI TOWN – 562 110.

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SRI PAPANNA S/O CHIKKAPILLAPPA AGED ABOUT 44 YEARS RESIDING AT PRASANNAHALLI VILLAGE 18^TH WARD DEVANAHALLI TOWN – 562 110.

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SRI MUNISHAMAPPA S/O LATE VENKATAPPA AGED ABOUT 79 YEARS RESIDING AT PRASANNAHALLI VILLAGE 18^TH WARD DEVANAHALLI TOWN – 562 110.

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SRI NARAYANASWAMY S/O LATE VENKATAPPA AGED ABOUT 46 YEARS RESIDING AT PRASANNAHALLI VILLAGE 18^TH WARD DEVANAHALLI TOWN – 562 110.

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SMT. THIMMAKKA W/O LATE VENKATAPPA AGED ABOUT 79 YEARS RESIDING AT PRASANNAHALLI VILLAGE 18^TH WARD DEVANAHALLI TOWN – 562 110.

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SRI DODDAPILLAPPA S/O LATE VENKATAPPA AGED ABOUT 50 YEARS RESIDING AT PRASANNAHALLI VILLAGE 18^TH WARD DEVANAHALLI TOWN – 562 110.

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SRI NARAYANAPPA S/O LATE CHIKKAPILLAPPA AGED ABOUT 46 YEARS RESIDING AT PRASANNAHALLI VILLAGE 18^TH WARD DEVANAHALLI TOWN – 562 110.

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SRI SHIVANANDA S/O LATE SIDDAPPA AGED ABOUT 29 YEARS RESIDING AT PRASANNAHALLI VILLAGE 18^TH WARD DEVANAHALLI TOWN – 562 110.

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SRI MAHESH S/O LATE SIDDAPPA AGED ABOUT 40 YEARS RESIDING AT PRASANNAHALLI VILLAGE 18^TH WARD DEVANAHALLI TOWN – 562 110.

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SMT. POOJAMMA W/O LATE CHIKKAPILLAPPA AGED ABOUT 69 YEARS RESIDING AT PRASANNAHALLI VILLAGE 18^TH WARD DEVANAHALLI TOWN – 562 110.

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SMT.SURVAMANAGALA W/O LATE SIDDAPPA AGED ABOUT 54 YEARS RESIDING AT JAKKASANDRA ARALUMALLIGE HOBLI DODDABALLAPUR TALUK – 561 203 BENGALURU RURAL DISTRICT.

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SMT. SHOBHA D/O LATE SIDDAPPA AGED ABOUT 29 YEARS RESIDING AT JAKKASANDRA ARALUMALLIGE HOBLI DODDABALLAPUR TALUK – 561 203 BENGALURU RURAL DISTRICT.

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… RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTIONS TO THE TRIAL COURT IN O.S. NO.303/2006 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC DEVANAHALLI TO DISPOSE THE SUIT WITHIN THE TIME LIMIT SINCE THE PETITIONER IS SENIOR CITIZEN AS PER ANNEXURE-A.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The petitioner is one of the defendants in O.S.No.303/2006 on the file of the Civil Judge & JMFC, Devanahalli (for short, 'the trial Court'). The petitioner has sought for the following relief:

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" Issue a Writ of Mandamus or any other writ or order or directions to the trial Court in O.S.No.303/2006 pending on the file of Civil Judge and JMFC, Devanahalli to dispose the suit within the time limit since the petitioner is senior citizen as per Annexure-A. "

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The learned counsel for the petitioner submits that the suit in O.S.No.303/2006 is pending for the last 15 years and even the pleadings is not complete and that some of the defendants are yet to file written statement. Therefore, this Court is persuaded to direct the trial Court to dispose of the suit in an expeditious manner and in any event, within an outer limit of 9 [nine] months from the date of receipt of a certified copy of this order.

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The petition stands disposed off accordingly.

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SD/JUDGE

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Smt Venkatamma v. Sri Munishami

Case brief

What is this about?

What did the court decide?

Smt Venkatamma v. Sri Munishami

Case brief

What is this about?

What did the court decide?

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