Karnataka High CourtCivil Procedure and EvidenceAdministrative and Public Law

The trial court must decide the compensation-deposit application within six weeks, considering the relief sought in the suit.

NAGARATHNAMURTHYv.SRI S NARAYANAPPA DEAD BY HIS LRS SRI SANTOSH

The trial court must decide the compensation-deposit application within six weeks, considering the relief sought in the suit.. NAGARATHNAMURTHY vs SRI S NARAYANAPPA DEAD BY HIS LRS SRI SANTOSH. Karnataka High Court. LawLens
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In brief

The question

Whether the trial court should be directed to consider and dispose of I.A. No. 34, which sought deposit of the land-acquisition compensation, rather than keeping it in abeyance.

The court held

The writ petition was disposed of with a direction to the trial court to dispose of I.A. No. 34 within six weeks, after examining the prayer and reasons in light of the relief sought in the suit.

It also directed

The petitioner was permitted to place the High Court’s order before the trial court and, if necessary, seek advancement of the suit hearing.

No direction was made requiring deposit of the compensation.

01Facts

In a pending suit, O.S. No. 734/2007, the petitioner filed I.A. No. 34 under Section 151 of the Code of Civil Procedure, 1908 (CPC), seeking a direction that the Special Land Acquisition Officer and Competent Authority, National Highways Authority of India, deposit in court compensation awarded for acquisition of part of land in Survey No. 4/1, Shetterahalli Village.

pp. 7–8

The trial court kept the application in abeyance by order dated 8 September 2026. The petitioner challenged that order under Article 227 of the Constitution.

pp. 7–8

02Issues

i.Whether the trial court should be directed to consider and dispose of I.A. No. 34, which sought deposit of the land-acquisition compensation, rather than keeping it in abeyance.

pp. 7–8

ii.Whether the High Court should determine at this stage that the compensation must be deposited in court.

pp. 8–9

03Law Applied

Section 151 CPC preserves the civil court’s inherent power to make orders necessary for the ends of justice or to prevent abuse of its process.

pp. 7–9

Article 227 of the Constitution empowers the High Court to supervise subordinate courts.

pp. 7–9

The judgment states no further statutory test or precedent; it directs the trial court to examine the application’s prayer and supporting reasons in light of the relief sought in the suit.

pp. 7–9

Provisions in the judgment · 1 · Linked ones open on LawLens

Code of Civil Procedure, 1908 Section 151

04Reasoning

The High Court treated the grievance as limited to the trial court’s deferral of the application, rather than as requiring the High Court to decide whether the compensation must be deposited.

pp. 7–9

Since the application sought a direction concerning compensation for acquired land and the trial court had kept it in abeyance, the trial court should consider its scope and supporting reasons in the context of the suit.

pp. 7–9

The High Court therefore ordered a decision on the application but did not determine its merits.

pp. 7–9

05Holding

The writ petition was disposed of with a direction to the trial court to dispose of I.A. No. 34 within six weeks, after examining the prayer and reasons in light of the relief sought in the suit.

p. 9

The petitioner was permitted to place the High Court’s order before the trial court and, if necessary, seek advancement of the suit hearing.

p. 9

No direction was made requiring deposit of the compensation.

p. 9
Karnataka High Court

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NAGARATHNAMURTHYvsSRI S NARAYANAPPA DEAD BY HIS LRS SRI SANTOSH

Karnataka High Court · October 12, 2026

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