Dismissed

Mr U Yeshwardhan Reddy v. M/S Prabhavathi Group

Karnataka HC2 Aug 2023WP/2162/2023

Case brief

AI extract

What is this about?

Petitioners filed a writ petition under Article 227 seeking to direct the Trial Court to conclude the trial of a suit for declaration of conveyance. The Court held that the petition was frivolous as the plaintiff could not seek early disposal without having served summons on the defendants.

What did the court decide?

The writ petition was dismissed with costs; plaintiffs directed to pay Rs. 25,000 to the Karnataka State Legal Services Authority.

Mr U Yeshwardhan Reddy Vs M/S Prabhavathi… — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:26886 WP No. 2162 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 2162 OF 2023 (GM-CPC)

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BETWEEN:

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MR. U. YESHWARDHAN REDDY AGED ABOUT 54 YEARS SON OF LATE UL REDDY RESIDING AT: NO. 36 LAKE SHORE HOMES KASAVANAHALLI, OFF SARJAPURA ROAD BANGALORE - 560 035

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MRS. U. ANITHA REDDY AGED ABOUT 41 YEARS WIFE OF MR. U. YESHWARDHAN REDDY RESIDING AT NO. 36 LAKE SHORE HOMES KASAVANAHALLI, OFF SARJAPURA ROAD

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Digitally signed by MADHUSHREE H Location: High Court of Karnataka

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BANGALORE - 560 035 REPRESENTED BY HER GPA HOLDER MR. U. YESHWARDHAN REDDY

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…PETITIONERS

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(BY SRI. AJAY RAO, ADVOCATE)

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AND:

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M/S. PRABHAVATHI GROUP, (A PARTNERSHIP FIRM), HAVING ITS REGISTERED OFFICE AT: NO. 80, 2ND FLOOR, 1ST CROSS, 2ND MAIN,

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NC: 2023:KHC:26886 WP No. 2162 of 2023

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VYSYA BANK GRUHA NIRMANA SAHAKARA SANGA LAYOUT, NEAR RELIANCE FRESH, BTM 2ND STAGE, BANGALORE - 560 076 REPRESENTED BY ITS MANAGING DIRECTOR MR. B. E. PRAVEEN KUMAR, AGED ABOUT 33 YEARS SON OF MR. B C EKAMBARAM NO. 105, 9TH MAIN, SR NAIDU LAYOUT, OPP. TO GOLDEN PARK APARTMENTS, HONGASANDRA, BANGALORE - 560 068.

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MR. S. PREMANAND, AGED ABOUT 33 YEARS, RESIDING AT FLAT NO.S-1, PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE - 560 064.

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MR. EMMANUEL MATHEW, AGED ABOUT 41 YEARS, RESIDING AT FLAT NO.S-2, PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK, BANGALORE - 560 064.

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MR. ANCY MATHEW, AGED ABOUT 35 YEARS, RESIDING AT FLAT NO.S-2, PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK, BANGALORE - 560 064.

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3 - NC: 2023:KHC:26886 WP No. 2162 of 2023

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MR. T. SRINIVASAN AGED ABOUT 41 YEARS RESIDING AT FLAT NO.S-7 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MRS. S. LAKSHMI AGED ABOUT 37 YEARS RESIDING AT FLAT NO.S-7 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MRS. BUNGA JAYAPRADHA AGED ABOUT 42 YEARS RESIDING AT FLAT NO.S-9 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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SGT M. SRINIVAS AGED ABOUT 36 YEARS RESIDING AT FLAT NO.T-1 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. DISWENDUSHEKAR DAS AGED ABOUT 42 YEARS RESIDING AT FLAT NO.T-3 PRABHAVATHI PALM APARTMENTS

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NC: 2023:KHC:26886 WP No. 2162 of 2023

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KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK

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BANGALORE - 560 064

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CSVN KIRAN

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AGED ABOUT 28 YEARS RESIDING AT FLAT NO.T-6 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MRS. ARCHANA R. CHANCHAL AGED ABOUT 30 YEARS RESIDING AT FLAT NO.T-7 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK

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BANGALORE - 560 064

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MR. RAJESH K. CHANCHAL AGED ABOUT 33 YEARS RESIDING AT FLAT NO.T-7 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. SHYAM KARAN KURMI AGED ABOUT 48 YEARS RESIDING AT FLAT NO.T-8 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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5 - NC: 2023:KHC:26886 WP No. 2162 of 2023

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MR. DHARSHAN RAM P., AGED ABOUT 34 YEARS R/AT FLAT NO.T-9 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. GANJI SREENIVASA REDDY AGED ABOUT 34 YEARS, RESIDING AT FLAT NO. G-1 PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK,

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BANGALORE - 560 064.

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MR. V. NAGARJUNA REDDY AGED ABOUT 35 YEARS RESIDING AT FLAT NO. G-6 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064.

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MR. C. SRI. KRISHNA CHAITANYA AGED ABOUT 27 YEARS RESIDING AT FLAT NO. G-8 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK, BANGALORE - 560 064.

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MR. G. VISHWANATHAN AGED ABOUT 46 YEARS RESIDING AT FLAT NO. F-3 PRABHAVATHI PALM APARTMENTS

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NC: 2023:KHC:26886 WP No. 2162 of 2023

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KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK

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BANGALORE - 560 064.

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MRS. G. SHOBHA AGED ABOUT 45 YEARS RESIDING AT FLAT NO. F-3 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE - 560 064.

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MR. S. SUBRAMANI AGED ABOUT 41 YEARS RESIDING AT FLAT NO. F-4 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK, BANGALORE - 560 064.

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MRS. SHANTI

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AGED ABOUT 40 YEARS RESIDING AT FLAT NO. F-4 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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VIJAY KUMAR S.M AGED ABOUT 27 YEARS RESIDING AT FLAT NO. F-5 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK BANGALORE - 560 064

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NC: 2023:KHC:26886 WP No. 2162 of 2023

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MR. R. ARIVUDAINAMBI AGED ABOUT 45 YEARS RESIDING AT FLAT NO. F-6, PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE - 560 064.

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MRS. N. VANAJA, AGED ABOUT 36 YEARS RESIDING AT FLAT NO. F-6 PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK

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BANGALORE - 560 064.

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MRS. PRIYANKA TRIPATHI AGED ABOUT MAJOR RESIDING AT FLAT NO. G-2 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. RITESH KUMAR AGED ABOUT MAJOR RESIDING AT FLAT NO. G-3 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. D. G. HIREMATH AGED ABOUT MAJOR RESIDING AT FLAT NO. G-4, PRABHAVATHI PALM APARTMENTS

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NC: 2023:KHC:26886 WP No. 2162 of 2023

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KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK

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BANGALORE - 560 064.

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MR. MURALI MOHAN RAJU AGED ABOUT MAJOR RESIDING AT FLAT NO. G-5, PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MRS. RAMA AGED ABOUT MAJOR RESIDING AT FLAT NO. G-7 PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. G. S. SRIDHAR AGED ABOUT MAJOR, RESIDING AT FLAT NO. G-7 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064.

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MR. SEETHARAMAN G.S AGED ABOUT MAJOR RESIDING AT FLAT NO.G-7 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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9 - NC: 2023:KHC:26886 WP No. 2162 of 2023

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MR. J. JAGANATHAN AGED ABOUT MAJOR RESIDING AT FLAT NO.G-10 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. JAGJITHAN SINGH AGED ABOUT MAJOR RESIDING AT FLAT NO.S-3 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. SUDHIR KUMAR SINGH AGED ABOUT MAJOR R/A FLAT NO.S-4 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. SURESH ARVIND AGED ABOUT MAJOR RESIDING AT FLAT NO.S-S PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. K. K. SAJI AGED ABOUT MAJOR RESIDING AT FLAT NO.S-6 PRABHAVATHI PALM APARTMENTS

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10 -

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NC: 2023:KHC:26886 WP No. 2162 of 2023

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KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK

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BANGALORE - 560 064

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MR. S. K. SHUKLA AGED ABOUT MAJOR RESIDING AT FLAT NO.S-8 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. VIRENDRA KUMAR AGED ABOUT MAJOR RESIDING AT FLAT NO.S-10 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. MURALI MOHAN RAJU AGED ABOUT MAJOR RESDIDING AT FLAT NO.T-2 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. GIRISH R. C AGED ABOUT MAJOR RESIDING AT FLAT NO.T-3 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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NC: 2023:KHC:26886 WP No. 2162 of 2023

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11 -

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MR. MUALI MOHAN RAJU AGED ABOUT MAJOR RESIDING AT FLAT NO.T-S PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. N. PURUSHOTAM RAO AGED ABOUT MAJOR RESIDING AT FLAT NO.F-1 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. DEVILAL DHAMU AGED ABOUT MAJOR RESIDING AT FLAT NO.F-2 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. RAJARAM PREMANAND KAMATH AGED ABOUT MAJOR RESIDING AT FLAT NO.F-7 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. KANCHAN SAH AGED ABOUT MAJOR RESIDING AT FLAT NO.F-8 PRABHAVATHI PALM APARTMENTS

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12 -

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NC: 2023:KHC:26886 WP No. 2162 of 2023

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KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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MR. ASHOK KUMAR AGED ABOUT MAJOR RESIDING AT FLAT NO.F-10 PRABHAVATHI PALM APARTMENTS KADANGANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK BANGALORE - 560 064

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE HONBLE CIVIL JUDGE SENIOR DIVISION AND JUDICIAL MAGISTRATE FIRST CLASS, AT DEVANAHALLI, CONCLUDE TRIAL AND PASS AN APPROPRIATE JUDGEMENT IN OS.NO.325/2017, IN AN EXPEDITIOUS AND TIME BOUND MANNER.

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THIS PETITION, COMING ON FOR PRELIMINARY

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HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioners are before this Court under Article 227 of Constitution of India seeking writ of mandamus, directing Senior Civil Judge and JMFC, Devanahalli (for short, 'the Trial Court') to conclude the trial and pass judgment in OS.No.325/2017 in an expeditious and time bound manner.

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13 - NC: 2023:KHC:26886 WP No. 2162 of 2023

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Heard learned counsel Sri Ajay Rao for petitioners.

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The suit is one for declaration of the conveyance, sale

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and transfer as void ab-initio and not binding on the plaintiffs, consequential and ancillary relief.

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It is seen from the records that there are 42 defendants in the suit and all the defendants are not yet served.

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It is submitted by the learned counsel for the petitioners that one of respondents filed application under Section 8 of the Arbitration and Conciliation Act, 1996 and the said application was rejected which was the subject matter before this Court in W.P.No.7669/2021, which was disposed of on 13.12.2021.

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This writ petition is filed seeking a direction to the Trial Court for early disposal of the suit. But plaintiff who is before this Court in this writ petition, without getting served the suit summons on defendants could not have approached this Court praying for early disposal of the suit. No suit can be disposed of without service of summons to the parties. This is frivolous writ petition filed by the petitioners-plaintiffs.

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14 -

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NC: 2023:KHC:26886 WP No. 2162 of 2023

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Hence, the writ petition is liable to be dismissed with

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cost.

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The plaintiffs shall pay a sum of Rs.25,000/- as cost to the Karnataka State Legal Services Authority and produce the receipt for having paid cost before the Trial Court. Only on payment of cost and production of receipt, the Trial Court shall proceed further in the matter.

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Registry to forward copy of this order to the Trial Court forthwith.

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Sd/JUDGE

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MKM CT: BHK

Mr U Yeshwardhan Reddy v. M/S Prabhavathi Group

Case brief

What is this about?

What did the court decide?

Mr U Yeshwardhan Reddy v. M/S Prabhavathi Group

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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