Disposed

Sunanda B v. Dodde Gowda B

Karnataka HC24 Jun 2024WP/1154/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ petition for special leave to appeal under Article 227 against the delay in disposing of O.S. No.144/2022. The video-conferred hearing addressed the petitioner's health concerns and the respondent's assurance of cooperation, leading to the petition's disposal via a direction for expeditious disposal of the suit.

What did the court decide?

Petition disposed; trial court directed to dispose of O.S. No.144/2022 expeditiously.

Sunanda B Vs Dodde Gowda B — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC:23143 WP No. 1154 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.1154 OF 2024 (GM-CPC)

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BETWEEN:

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SUNANDA B. W/O. SRINIVASA AGE ABOUT 64 YEARS #365, 2ND 'A' CROSS SANJEEVAPPA LAYOUT CHIKKA BOMMASANDRA BANGALORE NORTH, GKVK-560 065.

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…PETITIONER

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(BY SRI MOHANKUMAR. D., ADVOCATE)

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Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

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AND:

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DODDE GOWDA B. S/O LATE BETTE GOWDA AGED ABOUT 70 YEARS R/AT SRINIVASA NILAYA MASARAHALLI (V), BARANDURU (P) BHADRAVATI (T), SHIMOGA-577 245.

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NARSHIMA MURTHY B. S/O LATE BETTE GOWDA AGED ABOUT 68 YEARS R/AT 1ST MAIN ROAD MASARAHALLI (V), BARANDURU (P) BHADRAVATI (T),

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2 - NC: 2024:KHC:23143 WP No. 1154 of 2024

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SHIMOGA-577 245.

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PUTTA SWAMY B. S/O LATE BETTE GOWDA AGED ABOUT 64 YEARS R/AT KARAHALLI (V) BARANDURU (P), BHADRAVATI (T) SHIMOGA-577 245.

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THEJAVATHI

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W/O. LATE KRISHNA MURTHY B. AGED ABOUT 53 YEARS R/AT #390, 12TH MAIN 26TH CROSS, D BLOCK J.P. NAGAR, MYSORE KARNATAKA-577 245.

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SRINIVASA B. S/O LATE BETTE GOWDA AGED ABOUT 60 YEARS R/AT AARUSHI NILIYA VOKKALIGARA BHAVANA UPPER HUTTA, BHADRAVATI (T) SHIMOGA-577 245.

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ANURADHA B. D/O. LATE BETTE GOWDA AGED ABOUT 58 YEARS R/AT 1ST MAIN ROAD MASARAHALLI (V), BARANDURU (P) BHADRAVATI (T), SHIMOGA-577 245.

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DINESH B.

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S/O LATE BETTE GOWDA AGED ABOUT 54 YEARS MASARAHALLI (V), BARANDURU (P) BHADRAVATI (T), SHIMOGA-577 245.

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…RESPONDENTS

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3 - NC: 2024:KHC:23143 WP No. 1154 of 2024

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(BY SRI MOHAN MAHABALESHWAR BHAT, ADVOCATE FOR R.1, R.3, R.4, R.5 AND R.7; R.2 AND R.6: SERVED.)

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THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE LEARNED ADDITIONAL SR & JMFC., BHADRAVATI, TO DISPOSE THE MATTER IN O.S.NO.144/2022 WITHIN THE OUTER LIMIT OF 6 MONTHS VIDE ANNEXURE-B, ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The case of the petitioner is that defendants/ respondents are unduly dragging O.S.No.144/2022. It is further submitted that the petitioner is 64 years old and is not keeping good health. It is also submitted that the respondents agreed to settle the matter before the Mediation Centre and after the matter was referred to the Mediation Centre deliberately they did not co-operate in the Mediation. Hence, for the said reasons, the writ petition is filed with the following prayers:

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"WHEREFORE, the Petitioner herein most respectfully prays that this Hon'ble court be pleased to:

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4 - NC: 2024:KHC:23143 WP No. 1154 of 2024

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a) Issue a Writ of Mandamus directing the Learned Additional SR & JMFC, Bhadravati to dispose the matter in O.S.No.144/2022 within the outer limit of 6 months vide ANNEXURE-B.

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b) Pass such other order or orders if it is deem fit under the fats and circumstances of the case in the interest of justice and equity."

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Per contra, learned counsel for the respondents submits that they are fully co-operating for disposal of the case and the Mediation failed because of the petitioner herself and not because of the fault on the respondents herein. Respondents undertake to fully co-operate for quick disposal of the case.

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Hence, under the circumstances, the writ petition is hereby disposed of with a direction to the trial Court to dispose of O.S.No.144/2022 as expeditiously as possible.

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Parties are directed to co-operate with the trial Court for quick disposal of the original suit.

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NC: 2024:KHC:23143 WP No. 1154 of 2024

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Registry is directed to communicate a copy of this

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order to the trial Court.

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Sd/JUDGE

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VMB

Sunanda B v. Dodde Gowda B

Case brief

What is this about?

What did the court decide?

Sunanda B v. Dodde Gowda B

Case brief

What is this about?

What did the court decide?

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Statutes considered

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