Disposed

Sri M Shashikumar v. Sri M Prithviraj

Karnataka HC13 Jul 2023WP/3624/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a pilot petition, directed the Principal Senior Civil Judge, Mysuru, to dispose of F.D.P. No.71/2016 within six months due to pending for over six and a half years.

What did the court decide?

The petitioners are granted direction to the Principal Senior Civil Judge and Chief Judicial Magistrate, Mysuru, to dispose of F.D.P. No.71/2016 within six months.

Sri M Shashikumar Vs Sri M Prithviraj — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:24431 WP No. 3624 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.3624 OF 2023 (GM-CPC)

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BETWEEN:

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SRI M. SHASHIKUMAR AGED ABOUT 79 YEARS S/O LATE P. MADAPPA RESIDING AT NO.2444, BEHIND KEB OFFICE 2ND MAIN, 4TH CROSS, DATTAGALLI KANAKADASANAGAR MYSURU - 570 033.

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SRI M. SHYAMSUNDER S/O LATE P. MADAPPA SINCE DEAD, REPRESENTED BY HIS LEGAL REPRESENTATIVES:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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SRI SHYAM RAJANESH AGED ABOUT 39 YEARS S/O LATE M. SHYAMSUNDER RESIDING AT D.NO.2011, SEEBAIAH ROAD DEVARAJA MOHALLA MYSURU - 570 001.

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SMT. YASHASVINI S. SHETTY AGED ABOUT 36 YEARS D/O LATE M. SHYAMSUNDER RESIDING NEAR GANDHI CHOWK SIDLAGHATTA TALUK, JANGAMAKOTE CHIKKABALLAPURA - 562 102.

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NC: 2023:KHC:24431 WP No. 3624 of 2023

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SRI M. SATISH S/O LATE P. MADAPPA AGED ABOUT 68 YEARS RESIDING AT D.NO.14 AND 15 3RD CROSS, YASHASWI LAYOUT NEAR BAPUJINAGAR, BOGADI MYSURU - 570 026.

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SRI M. SURYAKANTH S/O LATE P. MADAPPA AGED ABOUT 64 YEARS RESIDING AT NO.45, ANUGRAHA LAYOUT BEHIND SHANTINIKETAN COLLEGE BILEKAHALLY, B.G. ROAD BENGALURU - 560 076.

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SMT. SHOBHARANI AGED ABOUT 58 YEARS D/O LATE MADAPPA RESIDING AT SRI MANJUNATH OIL MILLS SRIRAMA MANDIRA ROAD, TIPTUR TUMKUR - 572 201.

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SMT. KAMALAMMA N. D/O LATE P. MADAPPA SINCE DEAD, REPRESENTED BY HER LEGAL REPRESENTATIVE:

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SRI SRIDHAR S/O MAHADEV (HUSBAND OF SMT. KAMALAMMA N.) SINCE DEAD, REPRESENTED BY HIS LEGAL REPRESENTATIVE:

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SRI N. S. LOKESH AGED ABOUT 51 YEARS S/O LATE SRIDHAR RESIDING AT SHIVANILAYA NATIONAL HOUSING CO-OPERATIVE SOCIETY LIMITED KAVERINAGAR BENGALURU - 560 079.

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NC: 2023:KHC:24431 WP No. 3624 of 2023

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SRI M. YOGENDRA AGED ABOUT 61 YEARS S/O LATE P. MADAPPA RESIDING AT D.NO.2011 SEEBAIAH ROAD, DEVARAJA MOHALLA MYSURU - 570 001.

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…PETITIONERS

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(BY SRI T. YUGANDHAR, ADVOCATE)

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AND:

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SRI M. PRITHVIRAJ S/O LATE P. MADAPPA AGED ABOUT 76 YEARS.

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SRI SHIVANAND AGED ABOUT 71 YEARS S/O LATE H. J. KRISHNAMURTHY RESIDING AT MELUKOTE ROAD OPP-VEERABHADRASWAMY TEMPLE ROAD TUMKUR - 572 105.

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SMT H. S. SHYLAJA AGED ABOUT 51 YEARS W/O LATE D. N. DINESH.

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SMT. POOJA AGED ABOUT 27 YEARS D/O LATE D. N. DINESH.

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RESPONDENTS NOS.3 AND 4 ARE RESIDING AT D.NO.17, 4TH CROSS, II MAIN PALACE GUTTAHALLI, VENKATARANGAPURAM BENGALURU - 560 003.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE PRINCIPAL SENIOR CIVIL JUDGE, MYSURU, TO DISPOSE OFF F.D.P. NO.71/2016 AT ANNEXURE-'D', EXPEDITIOUSLY.

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

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NC: 2023:KHC:24431 WP No. 3624 of 2023

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O R D E R

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Heard the learned counsel for the petitioners and perused the material on record.

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The limited prayer of the petitioners in the present petition is for a direction to the Principal Senior Civil Judge and Chief Judicial Magistrate, Mysuru, to dispose off F.D.P. No.71 of 2016 within a stipulated timeframe.

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In view of the fact that the said F.D.P. is pending for the last six and half-a-year, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose off this petition by directing the trial Court to dispose off F.D.P. No.71 of 2016 as expeditiously as possible and preferably, within a period of six months from the date of receipt of a copy of this order.

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NC: 2023:KHC:24431 WP No. 3624 of 2023

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With the aforesaid observations and directions, the

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petition stands disposed off .

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Sd/JUDGE

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KVK List No.: 1 Sl No.: 53

Sri M Shashikumar v. Sri M Prithviraj

Case brief

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Sri M Shashikumar v. Sri M Prithviraj

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