Citation : 2024 Latest Caselaw 634 Kant
Judgement Date : 8 January, 2024
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NC: 2024:KHC:799
WP No. 353 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 353 OF 2024 (GM-CPC)
BETWEEN:
1. SMT. UMADEVI,
W/O ANKAPPA M. C.,
D/O LATE SIDDARAMAIAH AND
SIDDAMMA,
AGED ABOUT 56 YEARS,
R/AT MENASIGANAHALLI,
VIRUPAKSHIPURA HOBLI,
CHANNAPATTANA TALUK,
RAMANAGARA - 562 138.
...PETITIONER
(BY SRI. RAJESWARA P. N., ADVOCATE)
AND:
Digitally
signed by
VINUTHA B 1. SMT. JAYAMMA,
S W/O LATE PUTTA ANKAIAH,
Location: AGED ABOUT 60 YEARS,
High Court of
Karnataka 2. SMT. PRATHIBHA,
W/O LOKESH,
D/O LATE PUTTA ANKAIAH,
AGED ABOUT 40 YEARS,
3. SRI LOKESH,
S/O LATE PUTTA ANKAIAH,
AGED ABOUT 36 YEARS,
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NC: 2024:KHC:799
WP No. 353 of 2024
4. SRI MALLESH,
S/O LATE PUTTA ANKAIAH,
AGED ABOUT 36 YEARS
5. SMT. RATHNA,
W/O KUMAR,
D/O LATE PUTTA ANKAIAH,
AGED ABOUT 34 YEARS,
RESPONDENTS No.1 TO 5 ARE
R/AT ANKANAHALLI (V),
BANNIKUPPE (P), KYLANCHA (H),
RAMANAGARA - 562 159.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS TO
THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
RAMANAGARA TO DISPOSE OF THE APPEAL IN RA NO. 21/2019
IN ACCORDANCE WITH THE JUDGMENT DATED 22/04/2022 IN
CRC NO. 1/2019 PASSED BY THIS COURT AT ANNEXURE-L
EXPEDITIOUSLY SO AS TO RESTORE THE MATTER TO P AND SC
1/2011 TO THE STAGE OF CROSS EXAMINATION OF R1 AND
TO DISPOSE OF THE SAID CASE AS EXPEDITIOUSLY AS
POSSIBLE AS MAYBE STIPULATED BY THIS COURT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner has sought for the
following relief:
"To issue appropriate directions to the Principal District and Sessions Judge, Ramanagara to dispose of the Appeal in RA No.21/2019 in accordance with the Judgment
NC: 2024:KHC:799
dated 22.04.2022 in CRC No.1/2019 passed by this Hon'ble Court at Annexure - L expeditiously so as to restore the matter to P & Sc 1/2011 to the stage of Cross Examination of respondent No.1 and to dispose of the said case as expeditiously as possible as may be stipulated by this Hon'ble Court, in the interest of justice and equity."
2. The limited grievance in the present petition by
the petitioner is for a direction to the First Appellate Court
to dispose of RA No.21/2019 in accordance with law as
expeditiously as possible in view of the judgment of the
Hon'ble Division Bench of this Court in the case of SRI.
BOPPANDA N. KUSHALAPPA V/S. SRI. BALEYADA K.
CHERAMANNA AND OTHERS in C.R.C. No.1/2019
dated 22.04.2022.
3. It is submitted that the said appeal is posted
before the First Appellate Court on 12.01.2024 and
direction may be issued to dispose of the same as
expeditiously as possible.
NC: 2024:KHC:799
4. Submission is placed on record.
5. The First Appellate Court before whom RA
No.21/2019 is directed to dispose of the said appeal
bearing in mind the judgment of the Hon'ble Division
Bench of this Court in C.R.C. No.1/2019 dated 22.04.2022
in accordance with law within a period of one month from
that date.
Sd/-
JUDGE
VBS
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