IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.56534 OF 2018 (GM-CPC) BETWEEN:
M/S. ACHARYA PATHASALA EDUCATION TRUST REPRESENTED BY ITS PRESIDENT:MR.T.V.MARUTHI, S/O LATE THIMMAIAH, AGED ABOUT 82 YEARS, HAVING ITS OFFICE AT NO.1/4, APS TRUST BUILDING, NARASIMHARA COLONY, BASAVANAGUDI, BANGALORE – 560 019. ... PETITIONER (BY SRI. SATYANAND B.S., ADVOCATE) AND:
MR.B.CHANDRASHEKAR, S/O LATE B.RAMA RAO, AGED ABOUT 65 YEARS, M/S. BASAVANAGUDI RESTAURANT, NO.1/4, APS TRUST BUILDING, BULL TEMPLE ROAD, BASAVANAGUDI, BANGALORE – 560 004. ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE LEARNED XX ADDL., CITY CIVIL AND SESSIONS JUDGE [CCH32] BANGALORE CITY, WHERE THE SUIT IN O.S.NO.6243/2015 TO DISPOSE OF THE SAID SUIT WITHIN A PERIOD OF 3 MONTHS AS PER THE KARNATAKA [CASE FLOW MANAGEMENT IN SUBORDINATE COURTS] RULES, 2005 ANNEXURE – A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Satyanand.B.S, learned Counsel for the petitioner.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition under Article 227 of the Constitution of India, the petitioner, inter alia, seeks a direction to the XX Addl. City Civil and Sessions Judge (CH- 32) to decide O.S. No.6243/2015 in a time bound manner.
3. When the matter was taken up today, learned counsel for the petitioner submits that the petitioner is a landlord and has instituted a Suit for eviction in the year 2015. However, for the past about two years, even though the case is fixed for defendant’s evidence, the defendant adopted dilatory tactics to prolong the matter and has not adduced evidence before the trial Court. It is also submitted that under the Karnataka (Case Flow Management in Sub- ordinate Courts) Rules, 2005, a Suit for eviction is required to be decided within three months.
4. In view of the aforesaid submissions and in the facts and circumstances of the case, the writ petition is disposed of with a direction to the trial Court to decide the Suit preferably within a period of six months from the date of receipt of the certified copy of the order passed today.
Accordingly, the petition is disposed of.
Sd/-
JUDGE ln.