IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR W.P.NO. 19602/2017 (GM-CPC) BETWEEN:
1. H. GANGADHARAPPA S/O LATE HONNAIAH AGED ABOUT 80 YEARS 2. H.G. UDAYARAVI S/O H. GANGADHARAPPA AGED ABOUT 45 YEARS BOTH ARE RESIDENTS OF HONNUDIKE-572 122 GULUR HOBLI TUMKUR TALUK & DISTRICT.
...PETITIONERS (BY SRI. VIJAYAKUMAR S.C., ADVOCATE) AND:
1. H. SHIVAKUMAR S/O HONNAGANGAIAH AGED ABOUT 55 YEARS HONNUDIKE, GULURU HOBLI, TUMKUR DISTRICT NOW R/AT S.R.S. COMPOUND SHANTHINAGAR TUMKUR-572 101.
2. H. SATHISH S/O HONNAGANGAIAH AGED ABOUT 55 YEARS HONNUDIKE, GULUR HOBLI TUMKUR DISTRICT -572 122 3. H. RUDRAIAH S/O LATE HONNAIAH AGED ABOUT 70 YEARS R/AT HONNADEVI KRUPA NEAR NALANDA CONVENT KAIALSAM ROAD, 10TH CROSS SAPTHAGIRI EXTENSION TUMKUR-572 101.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND ISSUE A DIRECTION TO THE LEARNED I ADDL. CIVIL JUDGE AND JMFC, TUMKUR TO DISPOSE OF THE O.S.NO.879/2001 WITHIN TIME LIMIT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.Vijayakumar S.C., learned counsel appearing for the petitioners. Perused the records.
2. Petitioners are seeking for a direction to I Addl. Civil Judge & JMFC, Tumkur, to dispose of the suit O.S.No.879/2001 within a time limit. It is contended that suit in question i.e., O.S.No.879/2001 is being adjourned from time-to-time without any justifiable cause and hence, a direction may be issued to dispose of the suit within a time frame.
3. Having heard the learned counsel appearing for the petitioners and on perusal of case papers it would disclose that Coordinate Bench by order dated 03.06.2005 passed in W.P.No.3287/2005 had directed the suit in question is to be clubbed along with O.S.Nos.222/2002 and 434/2002. Subsequently, in the suit in question trial Court by order dated 31.10.2007 dismissed the application filed by petitioners / plaintiffs under Section 10 of CPC and while examining the correctness of said order and dismissing the writ petition, issued a direction to the trial Court to dispose of the suit O.S.No.879/2001 and other connected suits expeditiously in any event before the end of December’ 2008. Though 9 years have lapsed suits have not been disposed of. The entire order sheet is not placed on record in this petition. As such, no fault can be laid at the doors of trial court in not disposing of the suit expeditiously, since cause for delay is not forthcoming from records. However, there being a direction issued by the Coordinate Bench already, it is needless to direct the trial court to take note of said direction and dispose of the suit expeditiously.
Subject to above observation, writ petition stands disposed of.
SD/- JUDGE DR