Disposed¶46

Mukesh S/O Dattoba Mahendrakar v. Dattatreya S/O Ramachandra Shalgar

Karnataka HC25 Apr 2025WP/101609/2025

Case brief

AI extract

What is this about?

Mandamus to Trial Court for time-bound disposal refused; gentle reminder for expeditious disposal of old suit — O.S.No.361/2014, Addl. Civil Judge and JMFC, Bagalkot; suit of 2014; writ of mandamus cannot issue to Presiding Officer of Trial Court; Articles 226 and 227; Karnataka High Court, Dharwad Bench; WP No. 101609 of 2025 (GM-RES); Justice Jyoti Mulimani; decided 25 April 2025.

What did the court decide?

Writ petition disposed of with a gentle reminder to the Trial Court to dispose of O.S.No.361/2014 as expeditiously as possible, taking note of the old cases on board; no mandamus issued. ¶46

Mukesh S/O Dattoba Mahendrakar Vs Dattatreya S/O… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:6849 WP No. 101609 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101609 OF 2025 (GM-RES)

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BETWEEN:

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SHRI MUKESH S/O DATTOBA MAHENDRAKAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: HARI ENTERPRISES, GURUKOTESHWAR CHITRAMANDIR, HAGARIBOMMANAHALLI, DIST: BALLARI-583 212, NOW AT NAJARE BUILDING, NEAR HANUMANT TEMPLE STREET, HOSAYELLAPUR, DHARWAD-580 001.

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… PETITIONER

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(BY SRI. SHIVASAI M. PATIL, ADVOCATE)

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AND:

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SMT. SHOBHA W/O DATTATREYA SHALGAR, SINCE DECEASED BY HER LR’S.,

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Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

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DATTATREYA S/O RAMACHANDRA SHALGAR, AGE: 66 YEARS, OCC: BUSINESS, R/O: BIGWAN STATION, TQ: INDRAPUR, DIST: PUNE, STATE: MAHARASTRA-413 130.

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NALINI S/O DATTATREYA SHALGAR, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: BIGWAN STATION, TQ: INDRAPUR, DIST: PUNE, STATE: MAHARASTRA-413 130.

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SONALI W/O RAKESH DABOLE, AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O: 171/B/20, VIGANHARATA COLONY,

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NC: 2025:KHC-D:6849 WP No. 101609 of 2025

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POST: KODAVE, TQ: AND DIST: SAATAR, STATE: MAHARASTRA-410 221.

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SMT. NANDA W/O MANOHAR LANDE, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O: CAHITANYA NAGAR, LIG COLONY, DHARWAD-580 008.

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SMT. SUREKHA W/O SHIVAKUMAR BHISTE, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: S.P. ROAD, MUMBAI-400 008.

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RATNABAI W/O MANOHAR LATURKAR, SINCE DECEASED BY HER LR’S.,

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SHRI MANOHAR S/O BHIMAJI LATURKAR, AGE: 75 YEARS, OCC: NIL, R/O: PRITI COLONY, NEAR CHURCH, VIJAYAPUR ROAD, JAMAKHANDI-587 301.

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SHRI ANIL S/O MANOHAR LATURKAR, AGE: NOT KNOWN, OCC: BUSINESS, R/O: PRITI COLONY, NEAR CHURCH, VIJAYAPUR ROAD, JAMAKHANDI-587 301.

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SHRI PREMABAI W/O SOMANRAV LANDE, AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O: SHASTRI NAGAR, DHARWAD-580 001.

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SHRI MADHU S/O DATTOBA MAHINDRAKAR, AGE: 62 YEARS, OCC: BUSINESS, R/O: SONAYI BUILDING, BALAJINAGAR, PUNE-411 043.

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SHRI SHANKAR S/O DATTOBA MAHINDRAKAR, AGE: 52 YEARS, OCC: BUSINESS, R/O: C/O. V T NAJARI, KAKADE ROAD, DHARWAD-580 001.

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SHRI PRAKASH S/O DATTOBA MAHINDRAKAR, AGE: 46 YEARS, OCC: BUSINESS, R/O: HAGARIBOMMANAHALLI,

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3 - NC: 2025:KHC-D:6849 WP No. 101609 of 2025

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DIST: BALLARI-583 212.

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PRATHAMESH S/O DATTOBA MAHINDRAKAR, AGE: 34 YEARS, OCC: STUDENT, R/O: BHAVANI PAINT, NEAR BHAVANI MANDIR, PUNE-411 002.

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BASAVANTAPPA S/O IRASANGAPPA HADAPAD, AGE: MAJOR, OCC: PRIVATE WORK, R/O: WARD NO.5, BAGALKOT-587 103.

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… RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.Shivasai M.Patil., counsel for the petitioner has appeared in person.

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The captioned Writ Petition is filed seeking a Writ of Mandamus directing the Trial Court to dispose of the suit in O.S.No.361/2014 pending on the file of the Addl. Civil Judge and JMFC, Bagalkot by passing judgment and decree within three months from the date of receipt of the order.

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Heard the arguments and perused the Writ papers

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with care.

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NC: 2025:KHC-D:6849 WP No. 101609 of 2025

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The law is well settled that a mandamus cannot be

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ordered to the Presiding Officer of the Trial Court. The suit is filed in 2014. Hence, a gentle reminder is issued to the Trial Court to dispose of the suit as expeditiously as possible, taking note of the old cases on board. Resultantly, the Writ Petition is

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disposed of.

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Sd/(JYOTI MULIMANI) JUDGE

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RH LIST NO.: 1 SL NO.: 2

Mukesh S/O Dattoba Mahendrakar v. Dattatreya S/O Ramachandra Shalgar

Case brief

What is this about?

What did the court decide?

Mukesh S/O Dattoba Mahendrakar v. Dattatreya S/O Ramachandra Shalgar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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