IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NO.53438 OF 2018 (GM-CPC) Between:
C.Shivarudraiah, S/o late Revanna, Aged about 84 years, Residing at No.19, III-A Main, 8th Cross, RPC Layout, Hampinagara, Bangalore-560 104. … Petitioner (By Sri P.C.Sunitha, Advocate for Sri.Anil Kumar.S., Advocate) And:
1. Sri.Channagangaiah, S/o Late Gangaiah & late Siddabasamma, Aged about 64 years, Residing at Chikkanahalli Village, Solur Hobli Magadi Taluk-562 120 Ramanagara District.
2. Sri.Rajanna, S/o Late Gangaiah & late Siddabasamma, Aged about 61 years, Residing at Chikkanahalli Village, Solur Hobli Magadi Taluk-562 120 Ramanagara District.
3. Smt.Vanajakshamma, W/o late Gangdharaiah, Aged about 49 years, Residing at Chikkanahalli Village, Solur Hobli Magadi Taluk-562 120 Ramanagara District.
4. Smt.Gowramma, W/o late Siddagangaiah, Aged about 47 years, 5. Smt.Gangdharaiah, S/o late Siddagangaiah, Aged about 25 years, 6. Sri.Jagadeeshaiah, S/o Late Siddagangaiah, Aged about 23 years, Respondents 4 to 6 are Residing at Somanahalli Village (Archakaru, Somanahalli Basveswara Swamy Temple compound) In front of Veternary hospital, Bengaluru-Kanakapura Main Road, Bengaluru North Taluk, Bengaluru-560 082.
7. Tahasildar, Magadi Taluk, Magadi-562 120 Ramanagara District.
*** ... Respondents This Writ Petition is filed under Article 227 of the Constitution of India praying to direct the learned Senior Civil Jude and JMFC, Magadi, Ramanagaram to decide and dispose of the suit in O.S.No.225/2016, pending on his file within six months, in view of petitioner being senior citizen and aged.
This Writ Petition coming on for Orders, this day, the court made the following:
ORDER The plaintiff filed the present writ petition for writ of mandamus directing the learned Senior Civil Judge and JMFC, Magadi, Ramanagara to decide and dispose of the suit in O.S.No.225/2016 within six months as the petitioner is a senior citizen.
2. If the counsel for the plaintiff and the defendants have discharged their institutional responsibility as contemplated, there is no impediment to the learned Judge to dispose of the matter at the earliest. The material placed on record clearly depicts that suit summons were served on all the defendants and the defendant No.2 filed written statement on 16.01.2017 and other defendants have adopted the written statement filed by defendant No.2. The trial Court framed the issues. The plaintiff has lead his evidence and got marked the documents.
The petitioner has not been cross-examined. The matter has been dragged on without there being cross-examination of the plaintiff by the defendants. Therefore, the present writ petition is filed.
3. It clearly indicates that both the parties to the lis are not co-operating with the Court. There is no impediment for the learned judge to dispose of the case as early in accordance with law if both the parties co-operate with the learned Judge. Therefore, this Court cannot issue writ of mandamus to the learned Judge to dispose of the matter at the earliest in the absence of co-operation from the parties.
Accordingly, the writ petition is dismissed.
Sd/- JUDGE PN/-