Nandeeshaiah v. M P Sarvamangala

Karnataka HC12 Aug 2025WP/5194/2025

Case brief

AI extract

What is this about?

Article 227 writ petition (GM-CPC), High Court of Karnataka, decided 12-08-2025 by Justice M. Nagaprasanna; expeditious/time-bound disposal of civil suit O.S.No.546/2021 (suit of year 2012) before III Additional Senior Civil Judge & JMFC, Tumakuru; six-month outer-limit direction after earlier W.P.No.3073/2023 (disposed 24.02.2023) failed to fix any time limit and adjournments continued; petitioners were defendant Nos. 2 and 3; respondents served and unrepresented.

What did the court decide?

Direction to the Hon'ble III Additional Senior Civil Judge & JMFC, Tumakuru to conclude the proceedings in O.S.No.546/2021 within an outer limit of six months from the date of receipt of the copy of the order, if not earlier. ¶¶45-47

Nandeeshaiah Vs M P Sarvamangala — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:31211 WP No. 5194 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5194 OF 2025 (GM-CPC)

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BETWEEN:

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NANDEESHAIAH

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SON OF LATE PUTTANARASAIAH AGED ABOUT 59 YEARS

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KANTHARAJU

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SON OF LATE PUTTANARASAIAH AGED ABOUT 57 YEARS

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BOTH RESIDE IN MUDDENAHALLI VILLAGE, KORA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT - 572 128.

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…PETITIONERS

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(BY SRI. EDUPUGANTI BRIJESH, ADVOCATE)

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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AND:

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M.P. SARVAMANGALA D/O. LATE PUTTANARASAIAH AGED ABOUT 62 YEARS RESIDENT OF HIRETHOTLU KERE, GARDEN HOUSE, KORA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT - 572 128.

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NC: 2025:KHC:31211 WP No. 5194 of 2025

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HC-KAR

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JAYAMMA

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W/O LATE SHIVANANDAIAH RETIRED SCHOOL MASTER AGED ABOUT 71 YEARS RESIDENT OF BRAMHASANDRA KORA HOBLI TUMAKURU TALUK TUMAKURU DISTRICT - 572 128

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…RESPONDENT

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(R1 AND R2 - SERVED AND UNREPRESENTED)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HONBLE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU, TO DISPOSE OF OS NO. 546/2021, PENDING ON ITS FILE, WITHIN SIX MONTHS FROM THE DATE FIXED BY THIS HONBLE COURT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, 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 is before this Court, seeking the following

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prayer:

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"a) direct the Hon'ble III Additional Senior Civil Judge & JMFC, Tumakuru, to dispose of O.S.No.546/2021 Annexure-D pending on its file, within six months from the date fixed by this Hon'ble Court;

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NC: 2025:KHC:31211 WP No. 5194 of 2025

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HC-KAR

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b) pass any other order/s this Hon'ble Court may deem fit considering the facts and circumstances of the case."

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Heard Sri. Edupuganti Brijesh, learned counsel

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appearing for the petitioner and have perused the material on record.

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The petitioners-defendant Nos.2 and 3 are before this Court seeking expeditious disposal through the aforesaid prayer.

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Learned counsel appearing for the petitioner

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submits that these very petitioners were before this Court in W.P.No.3073/2023, which comes to be disposed on 24.02.2023 with a direction to the concerned Court to expedite the disposal of the said suit. Since no time limit was fixed, the suit is still languishing before the concerned Court. The suit is of the year 2012, which is now renumbered as O.S.No.546/2021, nonetheless the suit still remains of the year 2012. Despite the direction of the Co-ordinate Bench of this Court as afore-quoted, the concerned Court has gone on granting adjournments without any rhyme or reason.

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NC: 2025:KHC:31211 WP No. 5194 of 2025

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HC-KAR

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In that light, I deem it appropriate to infuse finality into the proceedings with a direction that the concerned Court shall endeavor to conclude the proceedings within an outer limit of six (6) months from the date of receipt of the copy of the order, if not earlier.

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With the aforesaid observations, the petition stands

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disposed.

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA) JUDGE

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SJK List No.: 2 Sl No.: 31 CT: BHK

Nandeeshaiah v. M P Sarvamangala

Case brief

What is this about?

What did the court decide?

Nandeeshaiah v. M P Sarvamangala

Case brief

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