IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P. No. 25174 OF 2019 *C/W W.P.No.25315 OF 2019 (GM-CPC) BETWEEN :
SMT PILLAMMA D/O MOTAMUNIYAPPA & DODDATHIMMAKKA W/O NARASIMHAPPA AGED ABOUT 76 YEARS RESIDING AT MENASI DODDABALLAPURA-561 203 BENGALURU RURAL DISTRICT ... PETITIONER (BY SRI. NAGENDRA NAIK R., ADVOCATE) AND 1. SMT JAYAMMA AGED ABOUT 58 YEARS W/O LATE MAHESH KUMAR 2. SRI M SRINIVAS AGED ABOUT 40 YEARS S/O LATE MAHESH KUMAR 3. SRI M NARAYANAMURTHY AGED ABOUT 36 YEARS S/O LATE MAHESH KUMAR 4. SMT NAGARATHNA AGED ABOUT 37 YEARS D/O LATE MAHESH KUMAR *Corrected Vide Chamber Order Dated 19.09.2019.
5. SMT MANJULA AGED ABOUT 34 YEARS D/O LATE MAHESH KUMAR 6. SMT VENKATAMMA AGED MAJOR W/O LATE NARAYANAPPA @ CHIKKANARAYANAPPA 7. SRI SHANKARAPPA AGED MAJOR S/O LATE NARAYANAPPA @ CHIKKANARAYANAPPA RESPONDENT NOS.1 TO 7 ARE RESIDENTS OF B.CHANNASANDRA VILLAGE BANASWADI POST BENGALURU-560 043 8. SMT VENKATAMMA AGED ABOUT 77 YEARS D/O LATE MOTAMUNIYAPPA @ CHANNASANDRADA MOTAMUNIYAPPA @ KULLAMUNIYAPPA W/O VENKATARAMANAPPA RESIDING AT NO.97, 5TH CROSS ROAD B. CHANNASANDRA BENGALURU-560 043 9. SMT MUNITHAYAMMA AGED ABOUT 72 YEARS D/O LATE MOTAMUNIYAPPA @ CHANNASANDRADA MOTAMUNIYAPPA @ KULLAMUNIYAPPA W/O CHIKKA KONDAPPA RESIDING AT NO.65 1ST CROSS ROAD BACHANNA LAYOUT B.CHANNASANDRA BENGALURU-560 043 10. SMT RATHNAMMA AGED ABOUT 67 YEARS D/O LATE MOTAMUNIYAPPA @ CHANNASANDRADA MOTAMUNIYAPPA @ KULLAMUNIYAPPA W/O NAGAPPA RESIDING AT 4TH CROSS ROAD OPP: NARAYANA SCHOOL B.CHANNASANDRA BENGALURU-560 043 11. SMT GURAMMA D/O LATE MOTAMUNIYAPPA @ CHANNASANDRADA MOTAMUNIYAPPA @ KULLAMUNIYAPPA W/O YALLAPPA AGED ABOUT 60 YEARS RESIDING AT NO.326 RASHTRA KAVI KUVEMPU ROAD B.CHANNASANDRA BENGALURU-560 043 12. SMT SUNITHA AGED ABOUT 33 YEARS D/O LATE CHIKKA MARIYAPPA 13. SMT ANITHA M AGED ABOUT 30 YEARS D/O LATE CHIKKA MARIYAPPA 14. SMT SHAKUNTALA AGED ABOUT 24 YEARS D/O LATE CHIKKA MARIYAPPA 15. SMT MAMATHA AGED ABOUT 34 YEARS D/O LATE DODDA MARIYAPPA @ MUNIRAJ 16. SMT ASHA AGED ABOUT 31 YEARS D/O LATE DODDA MARIYAPPA @ MUNIRAJ 17. SRI RAJESH AGED ABOUT 28 YEARS S/O DODDA MARIYAPPA @ MUNIRAJ 18. SRI RAMESH M AGED ABOUT 23 YEARS S/O LATE DODDA MARIYAPPA @ MUNIRAJ RESPONDENTS 12 TO 18 ARE RESIDENTS OF NO.326 RASHTRA KAVI KUVEMPU ROAD B.CHANNASANDRA BENGALURU-560 043 19. SMT SHARADAMMA AGED ABOUT 52 YEARS D/O LATE SAKAMMA W/O CHIKKAYALLAPPA RESIDING AT NO.66 THOGARIGHATTA VILLAGE HADONAHALLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 203 20. SRI V SATISH AGED ABOUT 46 YEARS S/O B.M.VENKATASWAMY REDDY RESIDING AT NO.290/6, 3RD CROSS RAMAMURTHY NAGAR MAIN ROAD BANASWADI BENGALURU-560 043 ... RESPONDENTS (BY SRI. G.PAPI REDDY, ADV. FOR R20; R1 TO 19 ARE SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS IN O.S.NO.3541/2019 PENDING ON THE FILE OF LXII ADDITIONAL CITY CIVIL COURT (CCH-63) AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner being the plaintiff in a partition suit in O.S.No.3541/2019 is invoking the writ jurisdiction of this Court seeking a direction to the Court below to take up his applications in I.A.Nos.2 & 3 filed under Order XXXIX Rules 1 & 2 for consideration and disposal.
2. After service of notice, the respondents/defendants having entered appearance through their counsel resist the writ petitions.
3. The Writ petition in W.P.No.25174/2019 is taken up along with W.P.No.25315/2019 which was not listed today, as fairly requested by the learned counsel for both the sides, for their final disposal, matter being in a very narrow compass.
4. Having heard the learned counsel for the parties and having considered the petition papers, this Court grants a limited indulgence and short reprieve to the petitioner for the following reasons:
(a) the petitioner’s applications in I.A.Nos.2 & 3 in the partition suit are entitled to be taken up for consideration on merits at the earliest regard being had to a very nature of the proceedings that pending before the Trial Court; the same having not been done, the petitioner cannot be made to wait ad infinitum; and, (b) every litigant is entitled to have his application considered on the earliest point of time in accordance with law unless there is enormous justification for deferring such consideration; the Trial Court ought to have taken up the applications, and cannot have deferred their consideration by ordering notice in the fitness of things; this having not been done there is warrant for indulgence of this Court.
In the above circumstances, these writ petitions are allowed in part; a direction issues to the learned LXII Additional City Civil Judge (CCH – 63) to take up petitioner’s applications in I.A.Nos.2 & 3 for consideration in accordance with law and the participation of the stake holders on the next date of hearing; the parties are directed to continue status quo till such consideration takes place.
It is made clear that the Court below shall not be influenced by and shall turn a blind eye to the status quo made by this Court, while considering the subject applications.
No costs.
Sd/- JUDGE KG