Karnataka High Court
Smt Jayashree vs Smt V Parvathamma on 30 November, 2021
Bench: B.M.Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.21538/2021 (GM-CPC)
BETWEEN :
1. SMT JAYASHREE
W/O LATE V GANGADHARA
AGED ABOUT 52 YEARS
2. SRI SATISHA
S/O LATE V GANGADHARA
AGED ABOUT 37 YEARS
3. SMT. LATHA
W/O SHANKAR
D/O LATE V GANGADHAR
AGED ABOUT 35 YEARS
4. SMT. VINUTHA
W/O BHEEMA
D/O LATE V GANGADHAR
AGED ABOUT 33 YEARS
PETITIONER NOS. 1 TO 4 ARE
R/AT KORATEGERE VILLAGE
TUMKUR DISTRICT - 572 129
... PETITIONERS
(BY SRI. B C VENKATESH, ADVOCATE)
2
AND :
1. SMT V PARVATHAMMA
D/O LATE B KEMPAMMA
AGED ABOUT 69 YEARS
#10, M S BUILDING, 18TH CROSS,
BEHIND MARUTHI MANDIRA
21ST MAIN, BANGALORE - 560 040
2. SMT. V VIMALAMMA
D/O LATE B KEMPAMMA
AGED ABOUT 63 YEARS
R/AT BOMMASHETTIHALLI VILLAGE
HOSUR HOBLI
GOWRIBIDANUR TALUK
CHIKKABALLAPURA DIST - 561 210
3. SMT. V RAJESHWARI
D/O LATE B KEMPAMMA
AGED ABOUT 55 YEARS
#80, 1ST FLOOR, 11TH MAIN,
BINNY LAYOUT
NEAR ESHWARA TAILORING SCHOOL
BANGALORE - 560 040
4. SMT. USHARANI
D/O LATE B KEMPAMMA
W/O SAISHA
AGED ABOUT 41 YEARS
#80, 1ST FLOOR, 11TH MAIN
BINNY LAYOUT
NEAR ESHWARA TAILORING SCHOOL
BANGALORE - 560 040
5. SRI V VEERABHADRA
S/O LAET G VENKATESH
AGED ABOUT 57 YEARS
22, 1ST CROSS, GOPALPURA
BANGALORE - 560 023.
3
6. SMT. PUTTAMMA
W/O LATE V SHIVAKUMAR
AGED ABOUT 51 YEARS
7. KUM CHAITRA
D/O LATE V SHIVAKUMAR
AGED ABOUT 26 YEARS
8. KUM USHA
D/O LATE V SHIVAKUMAR
AGED ABOUT 24 YEARS
9. KUM SHOBHA
D/O LATE V SHIVAKUMAR
AGED ABOUT 23 YEARS
10. MASTER MANJUNATH
S/O LATE V SHIVAKUMAR
AGED ABOUT 21 YEARS
RESPONDENT NOS.6 TO 10 ARE
R/AT #22, 1ST CROSS
GOPALPURA
BENGALURU-560023
11. SRI V PARAMESHWARA
S/O LATE G VENKATESH
AGED ABOUT 61 YEARS
R/AT 20, 7TH CROSS,
LIDKAR QUARTERS COLONY
KADAGONDANAHALLI
BANGALORE - 560 045
12. SRI NEELAKANTA
S/O LATE G VENAKTESH
AGED ABOUT 59 YEARS
D-1393, 3RD CROSS,
LTS MS COLONY POST
BANGALORE - 560 037
4
13. SRI V VIRUPAKSHA
S/O LATE G VENKATESH
AGED ABOUT 51 YEARS
22, 1ST CROSS, GOPALPURA
BANGALORE - 560 023
14. SRI ANANDAKUMAR
S/O SRI CHIKKAMUNIYAPPA
AGED ABOUT 59 YEARS
R/AT CHIKKANAHALLI VILLAGE
VIJAYAPURA POST
DEVANAHALLI TALUK
BANGALORE - 562 110
PROFESSION ATTENDER
SRI VENKATESHWARA ESTATE AND BUILDERS
NO.2, 2ND FLOOR, 4TH MAIN,
NEHRUNAGARA
BANGALORE - 560 020
15. SRI K V VENKATESH
S/O VENKATARAMAIAH
AGED ABOUT 55 YEARS
4/3, VASANTHI LAYUT
KODIGENAHALLI
SAHAKARANAGARA
BANGALORE - 560 092
16. SRI L HANUMANTHAIAH
S/O LAKKAPPA
AGED ABOUT 67 YEARS
EX MLC
R/AT RAMESHWARA VILLAGE
MADURE HOBLI
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT - 561 203
17. SRI L RAVIKUMAR
S/O LATE LAKKADASAPPA
AGED ABOUT 49 YEARS
5
SOCIAL WORKER
R/AT HEROHALLI VILLAGE
YESHWANTHAPURA HOBLI
BANGALORE NORTH TALUK - 560 091
18. SRI RAJU B
S/O LATE POOJAPPA
AGED ABOUT 48 YEARS
203, CHOLANAYAKANAHALLI POST
R T NAGAR
BANGALORE - 560 032
19. SMT. A MUNIRATHNAMMA
W/O C ASHWATHNARAYANA
AGED ABOUT 69 YEARS
639, SULIBELE MAIN ROAD
DEVANAHALLI TOWN - 562 110
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE TRIAL COURT TO CONCLUDE THE SUIT BY PASSING
JUDGEMENT AND DECREE IN O.S.NO.40/2008 PENDING
ON THE FILE OF II ADDL. SR. CIVIL JUDGE AND JMFC,
DEVANAHALLI, BANGALORE RURAL DIST AT BANGALORE
WITHIN REASONABLE TIME AS FIXED BY THIS HONBLE
COURT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
6
ORDER
Some of the defendants in O.S.No.40/2008 on the
file of the II Additional Senior Civil Judge and JMFC,
Devanahalli (for short, 'the civil Court'), have preferred
this writ petition for a direction to the civil Court to
conclude the suit on merits within a reasonable time.
Sri. B.C.Venkatesh, the learned counsel for the
petitioners, submits that the final arguments in the suit
were heard in the month of October 2020 and the suit
listed for pronouncement of judgment, but the judgment
was not pronounced. He also submits that the suit is
being repeatedly adjourned for further arguments. If the
arguments are finally concluded as stated, the civil
Court must proceed to pass judgment without any
further delay and if any clarification is required, it must
seek such clarification from the learned counsels for the
parties. It is also seen that the suit is of the year 2008
and pending for over thirteen [13] years. The suit would
qualify as a long pending and must be disposed of
expeditiously.
Therefore, the writ petition stands disposed of
calling upon the civil Court to decide on the merits of
the suit within three [3] months from the date of receipt
of a certified copy of this order.
SD/-
JUDGE
RB
