IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.26524 OF 2016 & 31816-820 OF 2016 & 31823-827 OF 2016 (GM-RES) BETWEEN:
H H JYOTENDRA SINHJI VIKRAMSINHJI S/O LATE VIKRAMSINHJI AGED ABOUT 75 YEARS R/A GONDAL PALACE, GONDAL GUJARAT-360311 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR VALLABH D RANDHAPURA AGED ABOUT 72 YEARS R/A NO.1, JAYAMAHAL PALACE HOTEL JAYAMAHAL ROAD, BANGALORE-560046 (By Mr. GOWRISHANKAR C, ADV.) AND:
AMIT ROY S/O LATE ASHIT ROY AGED ABOUT 42 YEARS R/A F-702 MANTRI ESPANA APARTMENTS BELLANDUR, OUTER RING ROAD BELLANDUR MARATHALLI BANGALORE-560103.
(By Mr. PRADEEP SINGH ADV.) … PETITIONER … RESPONDENT - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN THE RESPONDENT FROM ABUSING THE JURSTICE DELIVERY SYSTEM BY FILING APPLICATION AFTER APPLICATIONS IN O.S.NO.1963/2002 AND ANY OTHER PROCEEDINGS BEFORE CIVIL AND / OR CRIMINAL COURTS, TRIBUNAL’S, AUTHORITIES’ ETC., AGANIST THE PETITIONER IN RESPECT OF HIS PROPERTIES NOW BEARING NO.1, 1/1, 1/2, 1/3, 2, 3, 4, 5, 6, 7 AND 8 SITUATED AT JAYAMAHAL ROAD, BANGALORE-560046 [FORMELY IN SY.NOS.32 AND 38 [OLD SY.NOS.66 AND 65] RESPECTIVELY IN THE VILLAGE OF OOPARPAD IN THE ULSOOR HOBLI BANGALORE WITH BUNGALOW, OUT-HOUSE AND OTHER BUILDING THERON, FORMELY KNOWN AS “ARNI HALL”] NOW KNOW AS “JAYAMAHAL PALACE HOTEL” AND ETC., ` THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Gowrishankar C., learned counsel for the petitioner.
Mr.Pradeep Singh, learned counsel for the respondent.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions, the petitioner has prayed for the following reliefs:
(a) The petitioner request this Hon’ble Court to restrain the respondent from abusing the justice delivery system by filing application after applications in O.S.No.1963/2002 and any other proceeding before Civil and/ or Criminal Courts, Tribunal’s Authorities’ etc. against the petitioner in respect of his properties now bearing No.1, 1/1, ½, 1/3, 2, 3 , 4, 5, 6, 7 and 8 situated at Jayamahal Road, Bangalore – 560 046. (Formerly in Survey Nos.32 and 38 (Old Survey Nos.66 and 65) respectively in the village of Ooparpad in the Ulsoor Hobli Bangalore with Bungalow, Out-house and other building thereon, formerly known as ‘Arni Hall’) now known as “Jayamahal Palace Hotel”.
(b) Issue appropriate and necessary directions / orders as this Honourable Court deems fit to the respondent in the circumstance of the case in the interest of justice and equity.
4. When the matters were taken up today, learned counsel for the parties jointly submitted that the civil suit is pending before the Trial Court since 2002. learned counsel for the respondent fairly submits that he shall not file any interlocutory application and shall argue the suit on merits as the proceedings in the suit are already fixed for final arguments. On the other hand, learned counsel for the petitioner also submitted that he shall not seek any adjournment and shall argue the suit on merits.
5. In view of the submissions made and in the facts of the case, the aforesaid undertaking given by the learned counsel for the respondent is placed on record and the writ petitions are disposed of with a direction to the Trial Court to decide the suit expeditiously preferably within a period of two months from today. In view of the undertaking which has been given by the parties before this Court. Needless to state that the Trial Court shall submit a report with regard to the disposal of the suit before the Registry of this Court.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS