Disposed
Smt Nagamma v. Srim Prakash
Karnataka HCWP/43816/2019
Case brief
from the order text
What is this about?
HIGH COURT OF KARNATAKA AT BENGALURU DATED…
What the court decided
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.43816 OF 2019 (GM-CPC)
BETWEEN:
1 . SMT. NAGAMMA, W/O LATE MADAIAH, R/AT 4TH CROSS, HOSAHALLI, MANDYA CITY – 571 401.
2 . SMT. NALINI, D/O LATE MADAIAH, AND W/O LATE MAHADEVA, (KUNDAPPA) AGED ABOUT 42 YEARS, R/AT 4TH CROSS, HOSAHALLI, MANDYA CITY – 571 401.
…PETITIONERS
(BY SRI. CHANDRASHEKAR H.B., ADVOCATE)
AND:
SRI. M. PRAKASH, S/O LATE MADAIAH, AGED ABOUT 44 YEARS, R/AT D.NO.27, 1ST CROSS, HALAHALLI MAIN ROAD, MANDYA CITY – 571 401.
…RESPONDENT
(BY SRI. VISHWANATHA .K, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD.1.8.2019 PASSED IN F.D.P.NO.4/2012 ON THE FILE OF II ADDL SENIOR CIVIL JUDGE AND JMFC AT MANDYA, VIDE ANNEXURE-F AND QUASH THE SAME AND CONSEQUENTLY ALLOW THE COMMISSIONERS REPORT PRODUCED AT ANNEXURE-C.
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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:
ORDER
Both the sides having argued the matter at length & vociferously are now graciously in agreement with the suggestion of this Court that the petitioners may invoke the provisions under Section 3 of the Partition Act, 1893 and that the learned FDP Judge shall decide the said application within an outer limit of three months after hearing the respondent herein, and further that compliance report shall be filed with the Registrar General of this Court.
In the above circumstances, writ petition is disposed off, keeping open contentions of the parties.
No costs.
Sd/JUDGE
DS
Smt. Nagamma, W/O Late Madaiah
Smt. Nalini, D/O Late Madaiah
Sri. M. Prakash, S/O Late Madaiah
Krishna S. Dixit
As recorded by the court registry
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