IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.VEERAPPA WRIT PETITION NO. 55598/2018 (GM-CPC) BETWEEN:
SMT. GEETHASHREE, W/O HANUMANTHA RAJU S N., AGED ABOUT 45 YEARS, RESIDING AT SHETTIHALLI, VIA S S PURAM, TUMKURU -572103, REP BY SPA HOLDER, SRI HANUMANTHA RAJU S M (BY SMT. MANJULA D, ADVOCATE) AND:
1. GANGAPPA S/O MUDAPPA, AGED ABOUT 82 YEARS, 2. JAYADEVA, S/O MUDHAPPA, AGED ABOUT 68 YEARS, 3. VISHWESHWARAIAH, SINCE DEAD BY LRs, A) SMT PUSHAPA, AGED ABOUT 65 YEARS, B) SMT. SHEELA, AGED ABOUT 48 YEARS, … PETITIONER C) SMT. VEENA, D/O LATE VISHWESHWARAIAH, AGED ABOUT 38 YEARS, 4. JAGADISH @ SUJITH KUMARA, S/O MUDHAPPA, AGED ABOUT 72 YEARS, ALL ARE RESIDING AT GANDHINAGARA, OPP GOVERNMENT HOSPITAL, TUMKURU – 572 103.
5. CHI. KIRTHIK KUMAR, S/O SUJITH KUMARA, AGED ABOUT 23 YEARS, RESIDING AT GANDHINAGARA, OPP GOVERNMENT HOSPITAL, TUMKURU – 572 103.
6. SRI. G.M. NAVEENKUMAR, S/O M GANGAPPA, AGED ABOUT 54 YEARS, R/AT G M NAVEEN ENTERPRISES, VIVEKANANDA ROAD, TUMKURU TOWN, TUMKURU – 572 103.
7. SRI. G. NAGARAJ, S/O M GANGAPPA, AGED ABOUT 43 YEARS, R/AT GOVERNMENT HOSPITAL, B H ROAD, TUMKURU – 572 102.
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE SENIOR CIVIL JUDGE, AT DODDABALLAPURA TO EXPEDITE DISPOSAL OF THE F.D.P.NO.2/2008 ANNEXURE-E WITH A TIME FRAME AS MAY FIXED BY THIS HON’BLE COURT IN THE ENDS OF JUSTICE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The plaintiff filed the present writ petition for a writ of mandamus to direct the learned Senior Civil Judge at Dodaballapura to expedite disposal of the F.D.P. No. 2/2008 vide Annexure-E within a time frame fixed by this Court.
2. It is the case of the petitioner that suit in O.S.No.49/2004 filed by the plaintiff-petitioner for partition and separate possession came to be decreed on 22.11.2007 and the plaintiff field F.D.P. No. 2/2018 to implement the judgment and decree passed by the trial court to effect partition in respect of suit A and B Schedule properties. According to him, he is entitled for 1/3rd share in A schedule items No. 1 to 3 from fourth defendant and he is also entitled to get 1/12th share in B schedule items No. 1 to 3, 7 & 8 properties from all the defendants. The F.D.P. is pending for more than 10 years. Therefore, present writ petition is filed for mandamus as prayed for.
3. If both the learned counsel for the parties and the parties proceed with the trial and discharge their institutional responsibility and cooperate for speedy proceedings, the trial court can proceed with the F.D.P. at the earliest.
4. If both the parties and their counsel have no interest in the proceedings, and dragging the matter unnecessarily, this Court cannot issue any writ of mandamus to the trial court in exercise of power under Article 227 of the Constitution of India. Accordingly, the writ petition stands dismissed.
However, If both the parties cooperate with the trial court, the trial court shall expedite the F.D.P. in accordance with law.
Sd/- JUDGE Bsv