High CourtsSingle Bench(2025) 06 KAR CK 0195

Hanumanthappa & Ors vs Special Land Acquisition Officer Upper Thunga Project, Shivamogga - 577201 & Ors.

Karnataka High Court, Principal Bench · Decided on 11 June 2025

HON’BLE JUDGES
M G Uma, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 14568 Of 2025 (GM-CPC)

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Judgment

9 paragraphs · 275 words

M. Nagaprasanna, J

1.

The petitioners are before this Court seeking the following prayers:

“a). Issue a writ of mandamus or any other writ, direction, order in the nature directing the Court of 1st Additional Senior Civil Judge And A.C.J.M At: Shivamogga to hear and dispose of I.A.No.6 dated 03/02/2025 filed by the Respondent No. 3 under Order 21 Rule 97-106 of CPC before holding enquiry on alleged claim of Respondent No. 3. A certified copy of the Application and Affidavit is hereby produced as Annexure-D

b). Grant any other or further relief/s which are deemed fit in the facts and circumstances of the case and in the interest of Justice and equity.”

The main prayer of the petitioners is for a direction by issuance of a writ in the nature of mandamus directing the concerned Court to hear and dispose of I.A.No.6 filed by the 3rd respondent under Order 21 Rule 97 of the CPC before holding an inquiry on the claim of the 3rd respondent.

2.

Heard Sri N Shivakumar, learned counsel appearing for petitioners.

3.

It is the case of the petitioners that the concerned Court is not passing any order on the application and is now wanting to direct holding of an inquiry.

4.

In the light of the said prayer, I deem it appropriate to direct the concerned Court to pass necessary orders on the application I.A.No.6 of 2025 filed on 03-02-2025, in accordance with law, within an outer limit 2 weeks from the date of receipt of the copy of this order.

Petition stands disposed accordingly. All other contentions shall remain open to be considered before the concerned Court.