SMT VENKATARAMANAMMA W/O LATE A GANGADHRI vs SMT S G ESWARAMMA D/O LATE A GANGADHRI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Kar) 24962

KARNATAKA HIGH COURT
DR. JUSTICE K.MANMADHA RAO, J
SMT VENKATARAMANAMMA W/O LATE A GANGADHRI – Appellant
Versus
SMT S G ESWARAMMA D/O LATE A GANGADHRI – Respondent

Advocates:
For the Appellants/Petitioners: SRI. VISHWANATH R. HEGDE
For the Respondents: SRI. BALAKRISHNA K.

Table of Content
1. overview of the writ petition and facts of the case. (Para 1 , 2 , 3 , 4 , 5)
2. arguments presented by the petitioners regarding the delay. (Para 6 , 10)
3. court observations on the application of section 151 cpc. (Para 7 , 8 , 12 , 13 , 14)
4. ratio decidendi concerning the court's discretion in procedural matters. (Para 9)
5. final orders and directions given by the court. (Para 15)

CAV ORDER

2. The petitioners herein are the defendants No.1 & 2 before the Trial Court, respondent No.1 herein is the plaintiff before the Trial Court and respondent No.2 herein is the defendant No.3 before the Trial Court.

4. The brief facts of the case are as follows:-

5. At the behest of the plaintiff, the case was advanced from 25.10.2018 to 01.10.2018, on which date the plaintiff filed written arguments on maintainability. The matter was thereafter listed on 12.10.2018, 23.11.2018 and 23.01.2019 for hearing the defendants’ side. On 23.01.2019, the suit was transferred to the Itinerary Court of the Senior Civil Judge & JMFC, Gudibande. As the plaintiff failed to appear, Court notice was ordered. The Trial Court, however, did not decide the issue of maintainability and instead advanced

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