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  1. Home/
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  3. High Court Of Karnatak/
  4. 2024/
  5. December

Cheluvaraju vs. Smt Shivamma

Decided on 31 December 2024• Citation: WP/35853/2024• High Court of Karnatak
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                                          - 1 -                                     
                                                     NC: 2024:KHC:53335             
                                                  WP No. 35853 of 2024              
                    IN THE HIGH COURT  OF KARNATAKA  AT BENGALURU                   
                       DATED THIS THE 31ST DAY OF DECEMBER, 2024                    
                                        BEFORE                                      
                       THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ                      
                       WRIT PETITION  NO. 35853 OF 2024 (GM-CPC)                    
                  BETWEEN:                                                          
                  CHELUVARAJU                                                       
                  S/O CHIKKANNA,                                                    
                  AGED ABOUT 41 YEARS,                                              
                  R/AT IMMAVU VILLAGE,                                              
                  CHATRA HOBLI,                                                     
                  NANJANGUD  TALUK,                                                 
                  PIN - 571 302.                                                    
                                                          …PETITIONER               
                  (BY SRI. LAKSHMIKANTH K., ADVOCATE)                               
                  AND:                                                              
                  1.  SMT SHIVAMMA                                                  
                      D/O LATE SRI PUTTASWAMAIAH,                                   
                      AGED ABOUT 63 YEARS,                                          
                      R/AT NO. 184,                                                 
    Digitally signed                                                                
                      POURAKARMIKA  COLONY,                                         
    by SHWETHA                                                                      
    RAGHAVENDRA       JYOTHI NAGAR                                                  
    Location: HIGH    GAYATHIPURAM 2ND STAGE,                                       
    COURT OF                                                                        
                      MYSURU - 570 019.                                             
    KARNATAKA                                                                       
                      SMT. GOWRAMMA  (DEAD BY LRS)                                  
                  2.  CHIKKANNA                                                     
                      D/O LATE MADEGOWDA,                                           
                      AGED ABOUT 75 YEARS,                                          
                  3.  MAHADEVAMMA                                                   
                      D/O CHIKKANNA,                                                
                      AGED ABOUT 44 YEARS,                                          

                                          - 2 -                                     
                                                     NC: 2024:KHC:53335             
                                                  WP No. 35853 of 2024              
                  4.  SUSHEELA                                                      
                      S/O CHIKKANNA,                                                
                      AGED ABOUT 39 YEARS                                           
                  5.  PARVATHI                                                      
                      S/O CHIKKANNA,                                                
                      AGED ABOUT 37 YEARS                                           
                  6.  SRI. P DODDAIAH                                               
                      S/O LATE PUTTASAMAIAH,                                        
                      AGED ABOUT 85 YEARS                                           
                  7.  SMT. BHAGYAMMA                                                
                      D/O SRI P DODDAIAH,                                           
                      AGED ABOUT 50 YEARS                                           
                  8.  D NAGARAJ                                                     
                      S/O SRI P DODDAIAH,                                           
                      AGED ABOUT 29 YEARS                                           
                  9.  D MANJUNATH                                                   
                      S/O SRI P DODDAIAH,                                           
                      AGED ABOUT 48 YEARS                                           
                  10. D SHANKARA                                                    
                      S/O SRI P DODDAIAH,                                           
                      AGED ABOUT 46 YEARS                                           
                  11. SMT. PUTTAJAVARAMMA                                           
                      W/O LATE KEMPAIAH,                                            
                      AGED ABOUT 63 YEARS                                           
                  12. K SHIVALINGU                                                  
                      S/O LATE KEMPAIAH,                                            
                      AGED ABOUT 45 YEARS                                           
                  13. VIJAYALAKSHMI                                                 
                      D/O LATE KEMPAIAH,                                            
                      AGED ABOUT 43 YEARS                                           

                                          - 3 -                                     
                                                     NC: 2024:KHC:53335             
                                                  WP No. 35853 of 2024              
                  14. INDRAMMA                                                      
                      W/O LATE KEMPAIAH,                                            
                      AGED ABOUT 41 YEARS                                           
                      R-2 TO R-14 ARE R/AT D.NO.24,                                 
                      3RD CROSS, GAYATHRIPURAM,                                     
                      1ST STAGE, NAZARBAD,                                          
                      MYSORE.                                                       
                      C N CHANDRASHEKAR DEAD BY LRS                                 
                  15. NAGAPRASAD  C                                                 
                      S/O LATE C S CHANDRASHEKAR                                    
                      AGED ABOUT 48 YEARS                                           
                  16. NAGARAJ C                                                     
                      S/O LATE C S CHANDRASHEKAR                                    
                      AGED ABOUT 44 YEARS                                           
                      R-14 AND R-15 ARE RESIDING AT                                 
                      NO. 143/1                                                     
                      13TH CROSS, 10TH MAIN,                                        
                      SARASWATHIPURAM,                                              
                      MYSURU - 570 009.                                             
                                                        …RESPONDENTS                
                       THIS WRIT PETITION IS FILED UNDER ARTICLES 226               
                  AND  227 OF THE CONSTITUTION OF INDIA PRAYING TO I)               
                  ISSUE A WRIT OR ORDER IN THE NATURE OF MANDAMUS OR                
                  ANY OTHER  APPROPRIATE WRIT OR ORDER  OR DIRECTION,               
                  DIRECTING  THE  LEARNED  IV ADDITIONAL CIVIL JUDGE                
                  (SENIOR  DIVISION) AT MYSURU   TO DISPOSE  THE  FDP               
                  NO.98/2023   AT  ANNEXURE    C   WITHOUT   CAUSING                
                  UNNECESSARY   DELAY, IN  THE  INTEREST  OF JUSTICE.               
                  II)GRANT SUCH  OTHER  ORDER  OR  DIRECTION AS  THIS               
                  HON'BLE COURT DEEMS  FIT IN FACTS AND CIRCUMSTANCES               
                  OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY ETC.            
                       THIS PETITION, COMING ON FOR ORDERS, THIS DAY,               
                  ORDER WAS  MADE THEREIN AS UNDER:                                 
                  CORAM:   HON'BLE MR JUSTICE SURAJ GOVINDARAJ                      

                                          - 4 -                                     
                                                     NC: 2024:KHC:53335             
                                                  WP No. 35853 of 2024              
                                      ORAL ORDER                                    
                  1.   Petitioner is before this Court seeking for the following    
                       reliefs:                                                     
                           i) Issue a writ or order in the nature of Mandamus       
                              or any other appropriate writ or order or             
                              direction, directing the learned IV Addl. Civil       
                              Judge (Sr. Div) at Mysuru to dispose the FDP          
                              No.98/2023 at Annexure C without causing              
                              unnecessary delay. In the interest of justice.        
                           ii) Grant such other order or direction as this          
                              Hon'ble Court deems fit in the facts and              
                              circumstances of the case in the interest of          
                              justice and equity.                                   
                 2.    By way of above petition the petitioner seeks for a          
                      direction to the FDP Court for expediting disposal of the     
                      FDP No.98/2023. Being of the considered opinion that the      
                      said FDP is filed in the year 2023, such a direction cannot   
                      be issued.                                                    
                                           dismissed.                               
                 3.   The writ petition is hereby                                   
                                                  SD/-                              
                                          (SURAJ GOVINDARAJ)                        
                                                 JUDGE                              
                  ASN                                                               
                  List No.: 2 Sl No.: 9