IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.1081 OF 2018 (GM-RES) BETWEEN:
DR. R. PURUSHOTHAM SON OF SRI H.K. RAJU, AGED ABOUT 37 YEARS, RESIDING AT NO.89, 3RD CROSS, RAGHAVENDRA NAGARA, MYSURU-570 029.
AND WORKING AS:
POLICE CONSTABLE, N.R. MOHAL POLICE STATION, MYSURU-570 010.
(BY SRI SAKET BISANI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, DEPARTMENT OF LAW, VIDHANA SOUDHA, BENGALURU-560 001.
... APPELLANT 2. NELEMANGALA TOWN PS NELAMANGALA TOWN, BENGALURU RURAL DISTRICT.
3. SMT. P.V. MADHUSHREE DAUGHTER OF M.P. VENKATESH, WIFE OF DR. RAGHAVENDRA PURUSHOTHAM, AGED ABOUT 30 YEARS, RESIDING AT SUBHASH NAGAR, NELAMANGALA TOWN, BENGALURU RUAL DISTRICT.
... RESPONDENTS (BY SRI S.S. MAHENDRA, AGA FOR R-1 AND R-2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 READ WITH SECTION 482 OF CRPC PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT SETTING ASIDE THE ORDER DATED 07.03.2018 PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.5698 OF 2018; ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE JMFC NELAMANGALA TO PASS THE FINAL ORDER IN PRINCIPAL CIVIL JUDGE AND JMFC NELAMANGALA TO PASS THE FINAL ORDER IN CC 1094 OF 2010 IN A TIME BOUND MANNER OF (3) THREE MONTHS AND ETC.
***** THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 07.03.2018, passed by the learned Single Judge in Writ Petition No.5698 of 2018, in dismissing the petition, the present appeal is filed. The plea of the petitioner was for an early disposal of the matter before the Trial Judge.
2. We fail to understand as to how such a writ petition can be filed. The trial judge has been proceeding in the matter in accordance with law. The only ground pleaded is early disposal of the matter. There is no special circumstance pleaded for an early disposal nor is it a case where the trial judge has been deliberately postponing the matter. Hence, the learned Single Judge was justified in dismissing the writ petition.
3. For the aforesaid reasons, we find no good ground to interfere. The appeal is accordingly dismissed.
Sd/- Sd/-
JUDGE JUDGE JJ/- CT:SM