IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR WRIT PETITION No.47756 OF 2018 (GM-CPC) BETWEEN 1. Mrs. Brinda Pathi, Aged about 47 years, W/o. Late Mr. Pathi Savarimuthu, Clement, Residing at No.315, Srishti Green Park Layout, Dodda Banaswadi, Bengaluru-560043.
2. Angelina Shivani Pathi, Aged about 17 years, D/o. Late Mr. Pathi Savarimuthu, Clement, Residing at No.315, Srishti Green Park Layout, Dodda, Banaswadi, Bengaluru-560043.
Since minor, represented by her Mother and natural guardian Mrs. Brinda Pathi.
(By Sri. M.V.Sundararaman, Advocate) AND Ravika Creations Private Limited A Company registered under the Provisions of the Companies Act, 956 And having its office at No.62/4, Bommanahalli Village, Begur Hobli, Bengaluru-560068, represented by …Petitioners Its director Mr. Vikram Chabria. (By Sri. S.V.Bhat, Advocate) …Respondent This Writ Petition is filed under article 227 of the Constitution of India, praying to direct the IV Additional City Civil & Sessions Judge, Bengaluru (CCH-21), in O.S.No.26964 of 2011, to dispose of the said matter within a period of one month.
This Writ Petition coming on for admission, this day, the Court made the following :
ORDER This writ petition is filed by the plaintiffs in O.S.No.26964/2011 seeking a writ of mandamus to the trial court for disposal of the suit within a period of one month. After hearing the learned counsel for the petitioners and the respondent, it is seen that the respondent being the defendant in the suit made an application under Section 151 CPC to stay all further proceedings in the suit till disposal of the Company Petition No.77/10 filed before the High Court of Karnataka. The order sheet shows that the respondent’s counsel has argued on this application. The learned counsel for the petitioners/plaintiffs also submits now that he also argued on the said application. If both the advocates have argued on the said application, the trial court should have disposed of this application. Keeping this application pending for long time does not serve any purpose. Therefore the trial court is hereby directed to dispose of I.A.2 filed under Section 151 CPC by the defendant at the earliest, preferably within a period of eight weeks from today.
Sd/- JUDGE sd