IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.32609/2018(GM-CPC) BETWEEN:
FRANCIS SUNDERRAJ J AGED ABOUT 87 YEARS, S/O S.JATHIYO, PRESENTLY RESIDING AT NO.1071, HAL 2ND STAGE, INDIRANAGAR, BANGALORE-560 039.
... PETITIONER (BY SRI ARJUN REGO, ADVOCATE FOR SRI REGO L. P. E., ADVOCATE) AND:
1. N. NARESH KUMAR AGED ABOUT 36 YEARS, S/O LATE SRI NARAYANASWAMY, PRESENTLY RESIDING AT NO.24, G 6TH STREET, JOGUPALYA, ULSOOR, BANGALORE-560 008.
2. D.M.GANGADHARAPPA S/O LATE MUNIVENKATAPPA, MAJOR, PRESENTLY R/AT BAJAJ LAYOUT, NEXT TO MLA KRISHNAPPA’S HOUSE, DODDADEVASANDRA, K.R.PURAM, BANGALORE-560 036.
3. T.KRISHNAPPA FATHER NAME NOT KNOWN MAJOR, RESIDING AT GRAPE GARDEN, D.VENKATASWAMI COMPOUND, DODDA DEVASANDRA, K.R.PURAM, BANGALORE-560 036.
... RESPONDENTS **** THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BANGALORE TO DISPOSE OF THE SUIT IN O.S.NO.15987/2006 PENDING ON THE FILE OF THE HON'BLE IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BANGALORE, COURT HALL NO.21, WITHIN A PERIOD OF SIX MONTHS, GRANTING SIMULTANEOUSLY TO THE PETITIONER HIS COSTS, COUNSEL'S FEE AND SUCH FURTHER OR OTHER RELIEFS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The defendant No.1 in O.S.No.15987/2006 on the file of the IV Addl. City Civil and Sessions Judge, Mayo Hall, Bengaluru, (CH-21), filed the above writ petition seeking a writ of mandamus to direct the Trial Court to dispose of the suit within a period of six months.
2. The respondent No.1/plaintiff filed suit for declaration and injunction. It is for the parties to cooperate with the Trial Court to proceed with the suit. If both the parties cooperate, there is no impediment for the Trial Court to proceed with the suit expeditiously. Therefore, no writ of mandamus of mandamus can be issued.
3. Accordingly, writ petition is dismissed.
Sd/- JUDGE kcm