IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 07TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.53090/2017 (GM-CPC) BETWEEN:
SHRI GOVIND RAJU, AGED ABOUT 48 YEARS, S/O LATE JAYARAMU, RESIDING AT NO.326, 1ST ROAD, JOY SCHOOL, SOMANNA GARDEN, VIDHYARANAPURA POST, YELAHANKA HOBLI, BENGALURU NORTH TALUK.
(BY SRI. M.VENKATAPPA, ADVOCATE) AND:
1. S.B.PREETHI, AGED ABOUT 40 YEARS, W/O JAISIMHA.D.S, NO.886, 6TH MAIN, 22ND CROSS, SECTOR 7, H.S.R. LAYOUT, BENGALURU - 560 102.
2. S.B.HEMANTH KUMAR AGED ABOUT 35 YEARS, S/O LATE BACHANNA, JAKKUR POST, YELAHANKA HOBLI, SAMPIGEHALLI VILLAGE, BENGALURU NORTH-560 064.
3. S.B.GIRISH AGED ABOUT 32 YEARS, S/O LATE BACHANNA, JAKKUR POST, YELAHANKA HOBLLI, … PETITIONER SAMPIGEHALLI VILLAGE, BENGALURU NORTH-560 064.
4. SRI. S.N.ANANDA MURTHY, S/O LATE CHIKKANARASAPPA, AGED ABOUT 59 YEARS, 5. SRI. KUSHAL KUMAR.A, S/O SRI S.N.ANANDA MURTHY, AGED ABOUT 28 YEARS, 6. SRI MAHINDARA S.A., S/O S.N. ANAND KUMAR AGED ABOUT 26 YEARS, RESPONDENTS NO.1 TO 6 ARE RESIDING AT SAMPIGEHALLI VILLAGE, JAKKUR POST, YELAHANKA HOBLI, BENGALURU NORTH TALUK.-560 064.
7. SMT. KANTAMMA.A, D/O LATE CHIKKANARASAPPA AGED ABOUT 73 YEARS, RESIDING AT DASAGONDANAHLLI, KASABA HOBLI, RAJGATTA POST, DODDABALLAPUR TALUK-561 203.
8. SMT. RADHAMMA, S/O LATE RAMAIAH, AGED ABOUT 61 YEARS, R/AT NO.108, SAMPIGEHALLI, JAKKUR POST, YELAHANKA HOBLI, BENGALURU NORTH TALUK-560 064.
9. VANAJAKSHI, AGED ABOUT 60 YEARS, D/O K.M. GUNDAMMA @ VARALAKSHMAMMA, #2, 60 FEET ROAD, SIDHI VINAYAKA LAYOUT, SANJAYANAGAWR (BOOPASANDRA), BENGALURU-560 094.
10. MR. JAISIMHA D.S., S/O SRI. SOMASHEKASRA REDDY, AGED ABOUT 38 YEARS, RESIDING AT NO.886, 6TH MAIN, 22ND CROSS, SECTOR-7, H.S.R. LAYOUT, BENGALURU-560 102.
11. GOMATHY EDUCATIONAL SOCIETY, REPTD BY ITS SECRETARY, MRS. PEGATRAJU ARUNA, W/O P. RAJASHEKAR, AGED ABOUT 57 YEARS RESIDING AT NO.16/1681, RAMAMURTHYNAGAR, NELLURE-524 001.
ANDHRAPRADESH.
… RESPONDENTS (BY SRI. DWARAKANATH H S ADVOCATE FOR C/R1-6 &8) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS, ALLOW THE WRIT PETITION BY QUASHING THE ORDER DATED 07.11.2017 VIDE ANNEXURE-E PASSED BY THE HON'BLE XXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN O.S.7528/2013 ON I.A.17 FILED BY THE PLAINTIFF / PETITIONER HEREIN UNDER SECTION 151 OF CPC SEEKING DIRECTION TO R-1 TO 6 AND R-8 TO DEPOSIT THE MONTHLY RENT WITH ENHANCE RENT OF 4% AS AGREED AS PER THE LEASE DEEDS DURING THE PENDENCY OF THE SUIT.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for both parties having argued the matter for some time now submit that justice of the case warrants that a direction be issued to the learned Trial Judge to dispose off the suit expeditiously.
In view of the above, this Writ Petition is disposed off with a direction to the learned Trial Judge to try and dispose off the suit in O.S.No.7528/2013 within an outer limit of one year and report compliance to the Registrar General of this Court.
All contentions of the parties are kept open.
Sd/- JUDGE DS