High CourtsSingle Bench(2024) 01 KAR CK 0043

M.N. Gundappa & Others vs Prema Bai W/O Late B.L. Bapu Singh & Others

Karnataka High Court · Decided on 23 January 2024

HON’BLE JUDGES
M G Uma, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 711 Of 2024 (GM-CPC)

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Judgment

5 paragraphs · 221 words

M G Uma, J

1.

Learned senior advocate for the petitioner submits that, he had filed an application under Order 22 Rule 10 read with Section 151 of CPC dated 04.09.2020 produced as per Annexure-A and another application under Section 151 of CPC, produced as per Annexure-B in OS No. 158 of 1991 on the file of learned Civil Judge, Malur. In the mean time, the entire case papers in OS 158 of 1991 appears to have lost. Thus both the applications are kept pending since 2020. Therefore, a direction is to be given to the Trial Court to consider those applications on merits and dispose of the same. He further submitted that with such directions, the writ petition could be disposed off.

2.

Learned senior advocate for respondent No.4 submits that, if specific direction is issued to the Trial Court, he will not have any objections for the Trial Court to consider the applications on merits.

3.

In view of the above, the writ petition is disposed off. The Trial Court is directed to dispose of the applications referred to above is accordance with law.

4.

If the case papers are lost, the Trial Court will have to take appropriate steps in accordance with law and both the parties are directed to co-operate with Trial Court in taking such steps.