Allowed

Smt.Sahana K P D/O K P Puttaraju v. Sri.Hemanna

Karnataka HC10 Jul 2023WP/5701/2023

Case brief

AI extract

What is this about?

This writ petition under Article 227 sought direction to expedite proceedings in a partition suit where applications under Order VII Rule 11 CPC were pending. The Court directed the trial court to dispose of the application for rejection of plaint by a specific deadline.

What did the court decide?

Directed the Trial Court to dispose of I.A. No. VI on or before 31.07.2023 and consider I.A.s III to V within two months thereafter.

Smt.Sahana K P D/O K P Puttaraju Vs Sri.Hemanna — Partition | Karnataka HC (2023)

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NC: 2023:KHC:23829 WP No. 5701 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^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. 5701 OF 2023 (GM-CPC)

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BETWEEN:

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SMT. SAHANA K P. D/O K P PUTTARAJU AGE ABOUT 26 YEARS RESIDING AT ADDRESS NO 51/1 MUDDLAPPA STREET DODDAMAVALLI, BBMP BENGALURU-560 004.

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…PETITIONER

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(BY SRI. T RAMESH, ADVOCATE)

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AND:

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Digitally signed by VANDANA S Location: High Court of Karnataka

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SRI. HEMANNA S/O LATE NARASIMHIAH AND LATE MUNINAGAMMA, AGED ABOUT 56 YEARS RESIDING AT NO 1, O.B.CHUDAHALLI VILLAGE UDAYAPURA POST, UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU-560 082.

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SRI NAGESH S/O LATE NARASIMHIAH AND LATE MUNINAGAMMA, AGED ABOUT 52 YEARS RESIDING AT NO 2, O.B.CHUDAHALLI VILLAGE UDAYAPURA POST, UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU-560 082.

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…RESPONDENTS

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(BY SRI. R.V. NAIK, ADVOCATE)

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2 - NC: 2023:KHC:23829 WP No. 5701 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE PRINCIPLE SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT, BENGALURU TO EXPEDITE THE PROCEEDINGS PENDING IN OS 2210/2022, TILL THE SUIT IS DECIDED ON MERITS.

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

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ORDER

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This petition by the plaintiff arises out of proceedings in O.S. No.2210/2022 on the file of Prl. Senior Civil Judge, Bengaluru Rural District, Bengaluru.

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Heard learned counsel for petitioner and learned counsel for respondents No.1 and 2.

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The material on record discloses that in the aforesaid suit filed by the petitioner – plaintiff against the respondents – defendants for partition and separate possession and other reliefs in relation to the suit schedule immovable properties, the respondents – defendants have filed an application – I.A. No.VI filed under Order VII Rule 11 of The Code Of Civil Procedure, 1908 (for short, 'CPC') for rejection of the plaint which presently stands posted for orders on 15.07.2023. While it is contended by the learned counsel for the petitioner - plaintiff that the applications

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– I.A. Nos.III to V filed by the plaintiff are still pending

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3 - NC: 2023:KHC:23829 WP No. 5701 of 2023

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consideration before the Trial Court, the learned counsel for the respondents – defendants submits that the said applications have already been disposed of.

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In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition directing the Trial Court to dispose of I.A. No.VI filed by the respondents – defendants either on 15.07.2023 or as expeditiously as possible and at any rate on or before 31.07.2023. In the event, I.A. No.VI filed by the respondents - defendants is not allowed and the plaint is not rejected, the Trial Court shall proceed further and consider and pass appropriate orders on I.As.No.III to V, if not already passed, within a period of two months from the date of passing orders on I.A. No.VI.

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All rival contentions on all aspects of the matter are kept

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open and no opinion is expressed on the same.

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Sd/JUDGE

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HNM

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List No.: 1 Sl No.: 33

Smt.Sahana K P D/O K P Puttaraju v. Sri.Hemanna

Case brief

What is this about?

What did the court decide?

Smt.Sahana K P D/O K P Puttaraju v. Sri.Hemanna

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

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