Allowed¶46

Sri D Sounder Rajan v. Smt. B Mangala Gowri

Karnataka HC4 Aug 2025WP/18066/2025

Case brief

AI extract

What is this about?

Article 227 Karnataka HC; time-bound disposal of O.S. No. 8427/2016; compliance with MFA No. 123/2024 order dated 28.03.2024; Karnataka Case Flow Management Rules 2005; 6-month outer limit; I.A. No. 8; ground-floor rent account directions; Nagaprasanna J; WP 18066/2025.

What did the court decide?

Writ petition allowed with a direction to the concerned Court to conclude the proceedings in O.S.No.8427/2016, along with interlocutory application I.A.No.8 if not already disposed, within an outer limit of 6 months from receipt of a copy of the order, if not earlier. ¶46

Sri D Sounder Rajan Vs Smt. B Mangala Gowri — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:29969 WP No. 18066 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18066 OF 2025 (GM-CPC)

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BETWEEN:

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SRI. D. SOUNDER RAJAN S/O LATE V DINAKARAN @ JAMES DINAKARAN, AGED ABOUT 53 YEARS, R/A NO. 19, 2^ND CROSS, K P AGARAHARA, MAGADI ROAD, BENGALURU - 560 023.

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…PETITIONER

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(BY SRI. ADINARAYANAPPA, ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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SMT. B MANGALA GOWRI D/O D BAIRAPPA, AGED ABOUT 46 YEARS, R/AT NO. 79, 1^ST FLOOR, 5^TH MAIN, BINNY LAYOUT, ATTIGUPPE II STAGE,

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NEAR CHANDRA LAYOUT WATER TANK, VIJAYANAGAR, BENGALURU – 560 040.

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SMT D JOICE MOLLY D/O LATE V DINAKARAN @ JAMES DINAKARAN, AGED ABOUT 47 YEARS, R/AT GHOSHA HOSPITAL QUARTERS, NEAR INDIAN EXPRESS, BENGALURU 560001.

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NC: 2025:KHC:29969 WP No. 18066 of 2025

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HC-KAR

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SMT D THANUJA RANI D/O LATE V DINAKARAN @ JAMES DINAKARAN, W/O SHIVALINGAM, AGED ABOUT 45 YEARS, R/AT NO. 13/31, 2^ND CROSS, 12^TH MAIN ROAD, MAGADI ROAD, BANGALORE – 560 023.

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE SUIT IN O.S. NO.8427/2016 FROM THE FILE OF THE LEARNED XXV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (C.C.H-23) AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner – plaintiff No.2 is before this Court seeking

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the following prayer:

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“i. To call for the entire records pertaining to the suit in O.S.No.8427/2016 from the file of the learned XXV Addl. City civil and Sessions Judge at Bangalore (C.C.H.-23).

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ii. After perusing the records direct the trail court to dispose the above suit as directed by the this Hon’ble Court orders passed in M.F.A.No.123/20204 on orders dated 28/03/2024. Which is produced at Annexure-A.

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NC: 2025:KHC:29969 WP No. 18066 of 2025

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HC-KAR

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iii. And consequently direct the learned XXV Addl. City civil and Sessions Judge at Bangalore (C.C.H-23). To dispose the I.A.No.8 and main suit within the time bound period which is produced at Annexure‘E’.

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iv. Grant cost of the petition.

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v. And also grant such other and further rlief’s as this Hon’ble court deems fit considering the facts and circumstances of the case, to meet the ends of justice and equity.”

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The petitioner was before this Court in

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M.F.A.No.123/2024, which comes to be disposed on 28.03.2024, by a coordinate bench of this Court. While so disposing the said M.F.A., the coordinate bench has held as follows:

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“11. Therefore, the impugned order warrants interference and hence, this appeal is allowed. The defendant is directed to furnish a true and correct statement of the rent received by her from the tenants in the ground floor from the date of death of Mr.V.Dinakaran till today. She shall continue to furnish to the trial Court, the monthly statement of the rents received from the - 11 - NC: 2024:KHC:12889 MFA No. 123 of 2024 tenants in the ground floor from the date of this order till the date of disposal of the suit. She shall also indicate the expenses incurred in maintaining the houses.

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It is made clear that if the defendant does not give a true and correct account, then the plaintiffs shall be at liberty to file a fresh application seeking for a direction to the tenants to deposit the rent before the trial Court. Trial Court is directed to dispose of the suit in accordance with the Karnataka Case Flow Management Rules, 2005.”

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NC: 2025:KHC:29969 WP No. 18066 of 2025

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HC-KAR

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The coordinate bench directed to dispose the suit in accordance with the Karnataka Case Flow Management Rules, 2005.

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In terms of the direction, the case is to be closed within 2 years from the date of passage of the order. It is only

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1 year and 5 months that the Court has passed the order. Therefore, I deem it appropriate to observe that the concerned Court shall conclude the proceedings, along with interlocutory application if not already disposed, within an outer limit of 6 months from the date of receipt of a copy of this order, if not earlier.

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With the aforesaid direction, writ petition stands allowed.

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SD/(M.NAGAPRASANNA) JUDGE

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NVJ

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List No.: 1 Sl No.: 32

Sri D Sounder Rajan v. Smt. B Mangala Gowri

Case brief

What is this about?

What did the court decide?

Sri D Sounder Rajan v. Smt. B Mangala Gowri

Case brief

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What the court decided

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