IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.5515 OF 2017 (GM-CPC) BETWEEN:
1 . JOHN RAVIKANTH THUMBOOCHETTY AGED 68 YEARS, S/O LATE FRANCIS THUMBOOCHETTY, R/AT NO.17, PROMENADE ROAD, BENGALURU-560 005 2. SMT. MARY GEETHA AGED ABOUT 62 YEARS, W/O JOSEPH THOMAS, R/AT NO.17, PROMENADE ROAD, BENGALURU-560 005 3. MS. PHILOMENA CHITRA AGED 71 YEARS, D/O LATE FRANCIS THUMBOOCHETTY, R/AT NO.17, PROMENADE ROAD, BENGALURU-560 005 PETITIONER NO.2 IS REPRESENTED BY HER GPA HOLDER MR. JOHN RAVI THUMBOO CHETTY, THE PETITIONER NO.1 HEREIN. THE PETITIONER NO.3 IS REPRESENTED BY HER GUARDIAN MR. JOHN RAVI THUMBOO CHETTY, THE PETITIONER NO.1 HEREIN, HER GUARDIAN APPOINTED UNDER THE MENTAL HEALTH ACT.
(BY SRI HARISH N, ADVOCATE, FOR SRI ASHOK. B.PATIL, ADVOCATE) AND:
BERNARD VIKRAM THUMBOOCHETTY AGED 63 YEARS, S/O LATE FRANCIS THUMBOOCHETTY, R/AT NO.16/1, PROMENADE ROAD, ... PETITIONERS FRAZER TOWN, BANGALORE-560 006 (BY SRI. B.M. HALASWAMY, ADVOCATE) ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT OF THE IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, TO DISPOSE OF THE PETITION IN P & SC 15055/2006, WITHIN A PARTICULAR TIME FRAME.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being opponents in the probate in P&SC No.15055/2006 are invoking the Writ jurisdiction of this Court seeking a direction to the learned trial Judge to try and dispose off the same within a time bound manner.
2. The P&SC apparently is filed in the year 2006; this probate proceeding is for revocation of the probate earlier granted the same having been contested by the respondents is being tried nearly as a suit;; such proceedings need to be expedited.
In the above circumstances, this Writ Petition is disposed off requesting the learned IV Additional City Civil Judge, Bengaluru (CCH-21) to try and dispose of P&SC15055/2006 within an outer limit of nine months, all contentions of the parties having been kept open.
No costs.
Sd/- JUDGE DS