IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.NO.27201 OF 2019 (GM-CPC) BETWEEN:
SHRI.SUNDAR BABU, S/O LATE K M RAMASWAMY REDDY, AGED ABOUT 53 YEARS, R/AT KAGGADASPURA, K R PURAM HOBLI, BENGALURU-560 093.
(BY SRI. NANJA REDDY P N, ADVOCATE) AND:
1. SAKAMMA SINCE DEAD BY HER LRS 1(A) M NARAYANA REDDY S/O MUNIYAPPA REDDY @ ABBAIAH REDDY,MAJOR, R/A ASHWINI NURSING HOME, SARJAPURA MAIN ROAD, BAHADDUR VILLAGE & POST, ALIPURA GATE, BENGALURU-34.
1(B) K MUNI REDDY, S/O MUNIYAPPA REDDY, @ ABBAIAH REDDY,MAJOR, R/A G K M COLLEGE ROAD, J P NAGAR POST, JARAGANAHALLI, BENGALURU-560078.
1(C) A GOPINATH, S/O MUNIYAPPA REDDY, @ ABBAIAH REDDY, MAJOR, R/A KAGGADASAPURA VILLAGE, K R PURAM HOBLI, C V RAMAN NAGAR POST, BENGALURU-560 093.
... PETITIONER 1(D) SMT DODDALINGAMMA, W/O VENKTARAMANA REDDY AND D/O MUNIYAPPA REDDY, @ABBAIAH REDDY,MAJOR, R/AT BUCHIPALLI, KYSAMHALLI POST, BANGARPETE TALUK, KOLAR DISTRICT.
1(E) MUNIYAMMA, D/O MUNIYAPPA REDDY, @ ABBAIAH REDDY, MAJOR, R/A NO.48, WHITEFIELD, MAHADEVAPURA POST & VILLAGE, BENGALURU-560048.
1(F) SMT. NAGARATHANAMMA, D/O MUNIYAPPA REDDY, @ ABBAIAH REDDY, MAJOR, W/O CHINNA REDDY, R/A SINGASANDRA POST, DODANAGAMANAGALA, BENGALURU 560068.
1(G) SMT. SHANTHAMMA, D/O MUNIYAPPA REDDY, @ ABBAIAH REDDY, MAJOR, R/O KAGGADASAPURA VILLAGE, K.R.PURAM HOBLI, C.V.RAMAN NAGAR POST, BENGLAURU-560093.
1(H) SMT. RUKMANI, D/O MUNIYAPPA REDDY, @ ABBAIAH REDDY, MAJOR, R/AT NEAR KSRTC DEPO, KANAKAPURA, RAMANAGARA ROAD, BENGALURU – 562 117.
1(I) SMT. SAVITHRAMMA, D/O MUNIYAPPA REDDY, @ ABBAIAH REDDY, W/O NARAYANA REDDY, MAJOR, R/O KAGGADASAPURA VILLAGE, K.R. PURAM HOBLI, C.V. RAMAN NAGAR POST, BENGALURU 560 093.
2. SMT. GOWRAMMA, SINCE DEAD BY HER LRS:
2(A) SMT. NEELAMMA, W/O LATE SRINIVA REDDY, AGE: MAJOR, 2(B) SMT. SUNANDAMMA, D/O LATE SR,INIVASA REDDY, AGE: MAJOR 2(C) SMT VIMALAMMA, D/O LATE SRINIVASA REDDY, MAJOR, 2(D) SMT BHAGYAMMA, D/O LATE SRINIVASA REDDY, MAJOR, 2(E) SMT SAROJA, D/O LATE SRINIVASA REDDY, MAJOR, 2(F) SMT USHA, D/O LATE SRINIVASA REDDY, MAJOR, ALL 2(A) TO 2(F) ARE R/A GAREBHAVI PALYA, MADIVALAL POST, BENGALURU 560 068.
3. SMT LINGAMMA, SINCE DEAD BY HER LRS:
3(A) VENKATESH, S/O LATE ABBAIAH REDDY, SINCE DEAD BY HIS LRS:
3A(I) SMT SHYAMALA, W/O LATE VENKATESH, AGE MAJOR, 3A(II) SHRI S V BABU, S/O LATE VENKATESH, AGE MAJOR, 3(B) VENAKTESH REDDY, S/O LATE ABBAIAH REDDY, AGE MAJOR, 3(C) GOPAL REDDY, S/O LATE ABBAIAH REDDY, SINCE DEAD BY HIS LRS:
3C(I) SMT MUTHAMMA, W/O LATE GOPAL REDDY, AGE MAJOR, 3C(II) RAGHURAMA REDDY, S/O LATE GOPAL REDDY, AGE MAJOR, 3(D) SRINIVASA REDDY, SINCE DEAD BY HER LRS:
3D(I) SMT MANJULA, W/O SREENIVASA REDDY, AGE MAJOR, 3D(II) S ANANDA REDDY, S/O SREENIVASA REDDY, AGE MAJOR, 3D(III) ARUNA, S/O SREENIVASA REDDY, AGE MAJOR, ALL ARE R/O SARAKKI VILLAGE, J P NAGAR POST BENGALURU - 560078 3(E) SHRI SUNDARAJ, S/O LATE ABBAIAH REDDY, AGE MAJOR, ALL ARE R/O SARAKKI VILLAGE, J P NAGAR POST, BENGALURU – 560078.
4. SHRI KRISHNA REDDY, SINCE DEAD BY HIS LRS:
4(A) SMT VENKATALAKSHMAMMA, W/O LATE KRISHNA REDDY, AGE MAJOR, 4(B) SHRI GURURAJ, S/O LATE KRISHNA REDDY, AGE MAJOR, 4(C) SHRI SUNDAR BABU, S/O LATE KRISHNA REDDY, AGE MAJOR, 4(D) SHRI PRASANNA, S/O LATE KRISHNA REDDY, AGE MAJOR, ALL ARE R/O KAGGADASAPURA, VILLAGE, K R PURAM HOBLI, BENGALURU SOUTH TALUK 4(E) SMT. SANDYA, D/ O LATE KRISHNA REDDY, W/O PAPIAH REDDY, AGE MAJOR, 5. SHRI RAMACHANDRA REDDY, S/O GURAPPA REDDY, AGE MAJOR, 6. SHRI NARAYANA REDDY, S/O GURAPPA REDDY, AGE MAJOR, 7. SHRI RAJASHEKARA REDDY, S/O NANJAPPA REDDY, AGE MAJOR, 8. SRI CHANDRASHEKAR REDDY, S/O NANJAPPA REDDY, AGE MAJOR, 5 TO 8 R/O KAGGADASAPURA VILLAGE, K R PURAM HOBLI, BENGALURU SOUTH TALUK.
9. SMT AKKAYAMMA, W/O LATE RAMASWAMY REDDY, AGE MAJOR, 10. SMT. RUKKAMMA, W/O. LATE. NANJA REDDY, AGE MAJOR, 9 & 10 ARE R/O KAGGADASAPURA VILLAGE, K R PURAM HOBLI, C V RAMAN NAGAR POST, BENGALURU - 560063 11. SMT. AMMAYAMMA, D/O. LATE. YELLAMMA AND GURAPPA REDDY, AGE MAJOR, R/O. NO. 3276,12TH MAIN, HAL 2ND STAGE, INDIRANAGAR, BENGALURU – 560 038.
12. SMT. KAMALAMMA, SINCE DECEASED BY HERS LRS:
12(A) ANUSUYAMMA, D/O. LATE. KAMALAMMA, AND NARAYANA REDDY, AGE MAJOR, 12(B) PADMA, D/O. LATE. KAMALAMMA AND NARAYANA REDDY, AGE MAJOR, 12(C) SARASA, D/O. LATE. KAMALAMMA AND NARAYANA REDDY, AGE MAJOR, ALL ARE R/O. NO. 35, APPIREDDY PALYA, OPP: PANCHAMUKI GANAPATHI TEMPLE, INDIRANAGAR, BENGALURU – 560 038.
13. SMT PAPAMMA @ MUNIYAMMA, SINCE DECEASED BY HER LRS:
(A) SHRI RAMESH BABU, S/O GOVINDA REDDY, AGE: MAJOR, (B) SHRI LOKESH REDDY, S/O GOVINDA REDDY, AGE: MAJOR, (C) SMT KOKILA, W/O THYAGARAJA REDDY, D/O GOVINDA REDDY, AGE: MAJOR, 13(A) TO (C) R/O BEHIND SRINIVASA TOURING TALKIES NO.36, MARATHAHALLI, BENGALURU 560037 14. SHRI LOKESH REDDY, S/O LATE SRINIVASA REDDY AND SMT GOWRAMMA, AGE: MAJOR, R/O KAGGADASAPURA MAIN ROAD, C.V.RAMAN NAGAR POST, BENGALURU 560093.
15. SHRI SUNDARAM REDDY, S/O LATE SRINIVASA REDDY AND SMT GOWRAMMA, AGE: MAJOR, R/O NO.62, NAGASANDRA CIRCLE, BALAJI AUTO GARAGE, SOUNTH END ROAD,BENGALURU.
16. SMT VIJAYALAKSHMI, W/O LOKESH REDDY, AGE: MAJOR, R/O KAGGADASAPURA VILLAGE, K.R.PURAM HOBLI, BENGALURU SOUTH TALUK.
17. C B R CONSTRUCTIONS BUILDERS & DEVELOPERS, NO.150/2, KAGGADASAPURA, C.V. RAMAN NAGAR POST, BENGALURU 560093 REPRESENTED BY ITS PARTNER SHRI BALAKRISHNA REDDY ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO DISPOSE OF I.A.NO.38 IN O.S.NO.6463/1991 PENDING ON THE FILE OF THE CITY CIVIL COURT, BENGALURU IN C.C.H.NO.43 WITHIN TIME LIMIT AND ETC THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner being the 13th defendant in the suit filed by respondent-plaintiffs herein in O.S.No.6463/1991 is knocking at the doors of writ court for an innocuous prayer, namely the trial Court be directed to dispose of the application in I.A.No.38 in a time bound manner.
2. In view of the innocuous prayer made in the writ petition, notice to respondents is dispensed with and that no prejudice would be caused to the respondents since they are going to be heard when the subject application is taken up for hearing.
3. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court makes the following order:
The learned trial Judge is mandamused to take up application in I.A.No.38 in O.S.No.6463/1991 for consideration and further to dispose of the same within a period of 30 days from the date a copy of this order is filed with him. All contentions of the parties are kept open.
Sd/- JUDGE cbc