Disposed

R v. Narayana Gowda v Sri Annappa Gowda

Karnataka HC10 Nov 2022WP/4727/2022

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the Karnataka High Court was approached by some respondents in a lower appeal seeking a direction to the appellate court to dispose of the appeal within six months. The court disposed of the writ petition by reserving liberty to the petitioners to request the lower court for a time-bound decision, leaving the merit to the lower court to decide.

What did the court decide?

Writ petition disposed of reserving liberty to the petitioners to request the appellate court to decide the appeal within six months on merit.

R v Narayana Gowda Vs Sri Annappa Gowda — Civil Procedure and Limitation | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF NOVEMBER 2022

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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.4727/2022 (GM-CPC)

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BETWEEN :

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1 . R.V.NARAYANA GOWDA S/O VENKATAPPA AGED ABOUT 65 YEARS R/AT RAYASAMUDRA VILLAGE SEELANERE HOBLI, K.R.PETE TALUK MANDYA DISTRICT-571 426

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2 . SMT R.V.JAYAMMA D/O LATE VENKATAPPA W/O. HONNAPPA GOWDA AGED ABOUT 68 YEARS R/AT JAGINAKERE VILLAGE SANTEBACHALLI HOBLI K.R. PETE TALUK MANDYA DISTRICT-571 426

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... PETITIONERS

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(BY SRI. PRAKASH M.S., ADVOCATE)

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AND :

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1 . SRI. ANNAPPA GOWDA ADOPTED SON OF KAPPANNA GOWDA AGED ABOUT 64 YEARS R/AT RAYASAMUDRA VILLAGE SEELANERE HOBLI K.R. PETE TALUK MANDYA DISTRICT-571 426

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2 . SRI R.T.HONNAPPA S/O LATE THIMME GOWDA AGED ABOUT 65 YEARS

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3 . SRI PUTTASWAMY GOWDA S/O LATE THIMME GOWDA AGED ABOUT 62 YEARS

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4 . SRI JAGADEESHA S/O LATE THIMME GOWDA AGED ABOUT 54 YEARS

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RESPONDENTS NO.2 TO 4 ARE R/AT RAYASAMUDRA VILLAGE SEELANERE HOBLI K.R.PETE TALUK MANDYA DISTRICT-571 426

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5 . SMT. SHARADAMMA D/O LATE THIMME GOWDA W/O LATE CHANNAKESHAVEGOWDA AGED ABOUT 71 YEARS R/AT HINKAL VILLAGE MYSORE TALUK-570 017

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6 . SMT. YASHODAMMA D/O LATE THIMME GOWDA W/O MALLEGOWDA AGED ABOUT 69 YEARS D NO.16/5 BEML NAGARA MYSORE CITY-570 026

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7 . SMT. SUJAYAMMA D/O LATE THIMME GOWDA W/O LATE DEVEGOWDA AGED ABOUT 67 YEARS R/AT SARANGI VILLAGE SANTHEBACHAHALLI HOBLI

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K.R.PETE TALUK MANDYA DISTRICT-571 426

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... RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF THE SENIOR CIVIL JUDGE AT K.R. PETE, MANDYA DISTRICT VIDE R.A.NO.5/2020 AND TO DIRECT THE LOWER APPELLATE COURT, SENIOR CIVIL JUDGE, K.R. PETE, MANDYA DISTRICT TO DISPOSE OFF THE REGULAR APPEAL NO.5/2020 AT THE EARLIEST AND ETC.

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

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O R D E R

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This petition is by some of the respondents in R.A.No.5/2020 which is pending on the file of the Senior Civil Judge at K.R. Pete, Mandya District [for short ' the appellate Court '], and the petitioners seek for a direction to the appellate Court to dispose of this appeal at the earliest. In support of the petition, the learned counsel Sri Prakash M.S., submits that the dispute in R.A.No.5/2020 relates to a suit commenced in the year 1983 viz., O.S. No.10/1983, later re-

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numbered and disposed of by the judgment dated 29.11.2019.

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On perusal of the facts that are pleaded in the memorandum of petition, this Court is of the opinion that the petition must be disposed of reserving liberty to the petitioners to request the appellate Court to decide the appeal in a time bound manner. As such, the petition stands disposed of with such liberty and observing that, if the petitioners make necessary application, the appellate Court shall consider the same and decide on the merit of the appeal within the outer limit of six [6] months but subject to its Board.

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Sd/JUDGE

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R v. Narayana Gowda v Sri Annappa Gowda

Case brief

What is this about?

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R v. Narayana Gowda v Sri Annappa Gowda

Case brief

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