Karnataka High Court
Smt. Annapoorna vs Smt Sharifabi on 24 July, 2024
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NC: 2024:KHC:29143
WP No. 17365 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 17365 OF 2024 (GM-CPC)
BETWEEN:
SMT. ANNAPOORNA,
W/O R. KRISHNAMURTHY,
AGED ABOUT 74 YEARS,
R/O H.NO.11, "SRIRANGA NILAYA",
T.P.K ROAD, 2ND CROSS,
RAGHAVENDRANAGAR, TUMAKURU,
TUMAKURU DIST. - 572 101.
...PETITIONER
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
AND:
1. SMT. SHARIFABI,
W/O LATE SYED HUSSAIN,
Digitally
signed by H AGED ABOUT 74 YEARS,
K HEMA
Location:
High Court 2. SRI. SYED ARIEFF,
of Karnataka S/O LATE SYED HUSSAIN,
AGED ABOUT 57 YEARS,
3. SRI. SYED ASIEFF,
S/O LATE SYED HUSSAIN,
AGED ABOUT 55 YEARS,
RESPONDENTS NO.1 TO 3 ARE
RESIDING AT MAYANNA PALYA,
GULUR HOBLI, TUMKUR TALUK
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NC: 2024:KHC:29143
WP No. 17365 of 2024
AND TUMKUR DIST. - 572 101.
4. SRI. SATHAR SAB,
S/O ASMATH KASIM,
AGED ABOUT 93 YEARS,
R/O JODI ALAVA (BABAIAH TEMPLE),
CHICKPET, TUMKUR,
TUMKUR DIST. - 572 101.
5. SMT. HAYATH BI,
D/O LATE SYED PEER SAB,
W/O ASHAM SHARIFF,
AGED ABOUT 69 YEARS,
R/O MAYANNAGOWDANAPALYA,
H/O NARUGUNAHALLI, GULUR HOBLI,
TUMKUR TALUK, TUMKUR DIST. - 572 101.
6. C. NAGANNA,
S/O LATE CHIKKANNA @ CHIKKANNAPURA,
AGED ABOUT 55 YEARS,
RESIDING AT HOLAKAL,
NAGARANAHALLI POST,
GULURU HOBLI, TUMKUR TALUK
AND DISTRICT - 572 101.
...RESPONDENTS
(BY SRI. RAJARAM GAONKAR, ADVOCATE FOR R6;
VIDE ORDER DATED 10.07.2024, NOTICE TO R1 TO R5
DISPENSED WITH)
THIS W.P IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTIONS OR ORDER
TO ADDL. CIVIL JUDGE AND SENIOR DIVISION AT TUMAKURU
TO DISPOSE SUIT IN O.S.136/1996 AND APPLICATION FILED
BY THE APPLICANT / R-6 UNDER ORDER 22 RULE 3 R/W
SECTION 151 OF CPC IN O.S.136/1996 VIDE ANNEXURE-D AS
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NC: 2024:KHC:29143
WP No. 17365 of 2024
EXPEDITIOUSLY AS POSSIBLE WITH IN TIME BOUND PERIOD
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
(PER: HON'BLE MR JUSTICE M.I.ARUN)
1. On the judgment and decree passed in
O.S.No.136/1996, R.A.No.85/2012 was filed. Against the
order passed in the said R.A.No.85/2012, RSA
No.2164/2017 has been filed and the same is pending
consideration. In the meanwhile, an order was passed in
RSA No.2164/2017 directing the trial Court to determine
all questions pertaining to the Will dated 28.12.2020
expeditiously and send its finding to this Court. The
grievance of the petitioner is that, in spite of such an
order, the trial Court is not determining the questions
pertaining to the Will as ordered by this Court in RSA
No.2164/2017 at the earliest.
NC: 2024:KHC:29143
2. The learned counsel representing respondent No.6
disputes the submission of learned counsel for the
petitioner and states that the trial Court is taking up the
matter in right earnest. It is further submitted that the
petitioner has alienated all her interest in the property
concerned.
3. Be that as it may, the trial Court is bound to act as
per the direction of this Court passed in RSA
No.2164/2017 and determine the issue before it as
expeditiously as possible.
4. The Writ Petition is hereby disposed off accordingly.
SD/-
(M.I.ARUN)
JUDGE
CH
CT: BHK
