Karnataka High Court
WP/35853/2024 of CHELUVARAJU Vs SMT SHIVAMMA on 31 December 2024
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
Digitally signedby SHWETHARAGHAVENDRALocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2024
BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ -WRIT PETITION NO. 35853 OF 2024 (GMCPC)
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, POURAKARMIKA COLONY, JYOTHI NAGAR GAYATHIPURAM 2[ND] STAGE, MYSURU - 570 019.
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 -
4. SUSHEELA S/O CHIKKANNA, AGED ABOUT 39 YEARS S/O CHIKKANNA, AGED ABOUT 39 YEARS
5. PARVATHI
S/O CHIKKANNA, AGED ABOUT 37 YEARS AGED ABOUT 37 YEARS
6. SRI. P DODDAIAH S/O LATE PUTTASAMAIAH, AGED ABOUT 85 YEARS S/O LATE PUTTASAMAIAH, AGED ABOUT 85 YEARS
7. SMT. BHAGYAMMA D/O SRI P DODDAIAH, AGED ABOUT 50 YEARS D/O SRI P DODDAIAH, AGED ABOUT 50 YEARS
8. D NAGARAJ S/O SRI P DODDAIAH, AGED ABOUT 29 YEARS S/O SRI P DODDAIAH, AGED ABOUT 29 YEARS
9. D MANJUNATH S/O SRI P DODDAIAH, AGED ABOUT 48 YEARS S/O SRI P DODDAIAH, AGED ABOUT 48 YEARS
10.D SHANKARA S/O SRI P DODDAIAH, AGED ABOUT 46 YEARS S/O SRI P DODDAIAH, AGED ABOUT 46 YEARS
11.SMT. PUTTAJAVARAMMA W/O LATE KEMPAIAH, AGED ABOUT 63 YEARS W/O LATE KEMPAIAH, AGED ABOUT 63 YEARS
12.K SHIVALINGU S/O LATE KEMPAIAH, AGED ABOUT 45 YEARS S/O LATE KEMPAIAH, AGED ABOUT 45 YEARS
13.VIJAYALAKSHMI D/O LATE KEMPAIAH, AGED ABOUT 43 YEARS D/O LATE KEMPAIAH, AGED ABOUT 43 YEARS
NC: 2024:KHC:53335
14.INDRAMMA
W/O LATE KEMPAIAH, AGED ABOUT 41 YEARS
R-2 TO R-14 ARE R/AT D.NO.24, 3[RD] CROSS, GAYATHRIPURAM, 1[ST] 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 13[TH] CROSS, 10[TH] 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
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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. 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. 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. 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.
3. The writ petition is hereby dismissed.
SD/- (SURAJ GOVINDARAJ) JUDGE