Karnataka High Court
T S Sathyanarayana vs T R Leelavathi on 22 December, 2021
Bench: B.M.Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.23753/2021 (GM-CPC)
BETWEEN :
T S SATHYANARAYANA
S/O LATE SIDDARAJU
AGED 52 YEARS
R/AT NO. 3042, 18TH CROSS
HEBBAL I STAGE
MYSORE 18
... PETITIONER
(BY SRI. KARUMBAIAH T.A, ADVOCATE)
AND :
1. T R LEELAVATHI
W/O LATE T.R. THIMMARAJU
NOW RESIDENT OF CONVENT JUNCTION
MADIKERI KODAGU
2. T.T. DINESH
S/O LT T.R THIMMARAJU
AGED 53 YEARS
RESIDENT OF CONVENT JUNCTION
MADIKERI, KODAGU
3. T.T. VEENA
W/O T.V THIMMARAJU
AGED 44 YEARS
D/O LATE T.R THIMMARAJU
2
R/AT 574/33, 4TH CROSS
MAHALAKSHMI LAYOUT
BANGALORE
4. T.T VIDYA
W/O LT ARUNKUMAR
AGED 42 YEARS
D/O LT T.R THIMMARAJU
R/O GOWLI STREET
MADIKERI, KODAGU
5. T.T.LOKESH
S/O LT T.R THIMMARAJU
AGED 40 YEARS
R/AT CONVENT JUNCTION
MADIKERI, KODAGU
6. T.T RAKESH
S/O LT T.R THIMMARAJU
AGED 35 YEARS
R/A OF CONVENT JUNCTON
MADIKERI, KODAGU
7. T.R. KALPANA
D/O UMA
MAJOR
C/O HEMALAKSHI
D.NNO. 2485, 5TH CROSS
K.G KOPPAL MYSORE
8. T.R. THYAGARAJ
S/O UMA
C/O HEMALAKSHI
D.NO. 2485, 5TH CROSS
K.G KOPPAL MYSORE
9. T.N. VIJAYALAKSHMI
W/O JAYANTH
D/O LT UMAVATHI
AGED 36 YEARS
3
D.NO. 2485, 5TH CROSS
K.G KOPPAL MYSORE
10. KAMALAKSHI
W/O LT T.R. RAMAMURTHY
AGED 68 YEARS
R/AT NEAR DAR QUARTERS
MADIKERI, KODAGU
11. T.R. VISHWANATH
AGED 46 YEARS
S/O LT T.R. RAMMURTHY
R/AT NEAR DAR QUARTERS
MADIKERI, KODAGU
12. YOGINI
AGED 50 YEARS
S/O LT T.R. RAMMURTHY
R/AT NEAR DAR QUARTERS
MADIKERI, KODAGU
13. VINODHA
AGED 48 YEARS
S/O LT T,R RAMAMURTHY
R/O SRI. CYCLR MART
MAIN ROAD, TUMAKUR
14. VEENA
AGED 45 YEARS
W/O LT RAVI
R/O NEAR RIFLE RANGE
MADIKERI, KODAGU
15. MASTER KARTHIK
AGED 11 YEARS
S/O LT RAVI
R/O NEAR REFLE RANGE
MADIKERI, KODAGU
4
16. KUMARI KRITHIKA
AGED ABOUT 6 YEARS
D/O LT RAVI
R/O NEAR RIFLE RANGE
MADIKERI, KODAGU
17. GIRISH
AGED 44 YEARS
S/O LT T.R RAMAMURTHY
R/AT NEAR DAR QUARTERS
MADIKERI, KODAGU
18. LEELAVATHI
W/O M. NAGAPPA SHETTY
AGED 70 YEARS
C/O MANULA SRINIVAS
'SHAKTHI', NO.17/2
3RD MAIN, S.K. GARDEN
BENSON TOWN
BANGALORE 560046
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-M THE ORDER DATED 2.11.2021 PASSED BY
THE SENIOR CIVIL JUDGE AND CJM, MADIKERI ON
I.A.NO.2 IN R.A.NO.24/2020 AND REJECT I.A.NO.2 FILE BY
THE R1 TO 6; IN THE ALTERNATIVE ISSUE A WRIT OF
MANDAMUS DIRECTING THE SENIOR CIVIL JUDGE AND
CJM, MADIKERI TO DISPOSE OFF R.A.NO.24/2020 WITHIN
A SPECIFIED PERIOD AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
5
ORDER
Sri. T.A.Karumbaiah, the learned counsel for the
petitioner submits that the petitioner would request for
consideration of the petitioner's alternative prayer which
is for a direction to the Senior Civil Judge and CJM,
Madikeri to dispose of the appeal in R.A.No.24/2020
and the petitioner would not insist on the challenge to
the appellate Court's impugned order dated 02.11.2021.
The learned counsel, in support of his prayer for
direction as aforesaid, submits that the petitioner's suit
in O.S.No.101/1991, which is commenced by him along
with others is decreed and the second appeal filed by
Sri. T.R.Ramamurthy in R.S.A.No.539/2010 is also
disposed of by this Court on 15.06.2017 modifying the
petitioner's share from 1/4th to 1/5th. After this order,
final decree is drawn on 03.04.2019 in
F.D.P.No.3/2010. The respondents' appeal as against
the judgment dated 03.04.2019 in the aforesaid Final
Decree proceedings is belated by 430 days. This
application is pending consideration and without
condonaton of delay, the appellate Court has stayed the
order dated 03.04.2019 for drawing up of final decree.
The learned counsel for the petitioner is
categorical that he would not contest the appellate
Court's order in granting stay without condonation of
delay to enable early disposal of the proceedings. It is
obvious that the petitioner, who has commenced his
suit for partition in the year 1991, is unable to get
possession even after the final decree. This Court in the
circumstances referred to above is persuaded to dispose
of this petition calling upon the appellate Court to
dispose of the appeal within a period of eight [8] weeks
from the date of receipt of a certified copy of this order.
Sd/-
JUDGE
RB
