IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07th DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.55548 OF 2018 (GM-CPC) BETWEEN:
Narayanaswamy, S/o Late Venkatappa, Aged about 73 years, R/a Kollur Village, Kasaba, Srinivasapur Taluk, Kolar District – 563 138.
(By Sri. Rahul S. Reddy, Adv.) And:
1. K.M. Narayanaswamy, S/o late Chikkamunivenkatappa, Aged about 58 years, R/a Kollur Village, Kasaba Hobli, Srinivasapura Taluk, Kolar District – 563 138.
Venkataswamy, S/o late Dodda Munivenkatappa, Since dead by LR’s 2. Lakshmidevamma, W/o late Venkataswamy, Aged about 58 years, R/a Biyappalli Village, … Petitioner Ronur Hobli, Srinivasapura Taluk, Kolar District – 563 138.
3. Seethalakshmi, D/o late Venkataswamy, W/o Shankar Reddy, Aged about 29 years, R/a Maravapalli Village, Beerangi Panchayathi, B. Kothakota Mandalam, Thambalapalli Taluk, Chittor District, Andhra Pradesh – 517 418.
4. Nagamani, D/o late Venkataswamy, W/o Srinivasareddy, Aged about 27 years, R/a Thinnali Village, Ronur Hobli, Srinivasapura Taluk, Kolar District – 563 138.
5. Shymala, D/o late Venkataswamy, Aged about 23 years, 6. Anjaneya Reddy, S/o late Venkataswamy, Aged about 57 years, 7. Manjunatha, S/o late Venkataswamy, Aged about 25 years, 8. Murgesha, S/o late Venkataswamy, Aged about 23 years, Respondent Nos.5 to 8 are residing at Biyappalli Village, Ronur Hobli, Srinivasapura Taluk, Kolar District – 563 138.
9. Rathnamma, D/o late Doddamunivenkatappa, W/o Subba Reddy, Aged about 62 years, R/a Kattibeesanahalli Village, Yeldur Hobli, Srinivasapura Taluk, Kolar District – 563 138.
10. Naremma, D/o late Doddamunivenkatappa, W/o Byrareddy, Aged about 55 years, R/a Aramakalahalli Village, Kasaba Hobli, Srinivasapura Taluk, Kolar District – 563 138.
11. Tholisemma, D/o late Doddamunivenkatappa, Aged about 52 years, R/a Biyappalli Village, Ronur Hobli, Srinivasapura Taluk, Kolar District – 563 138.
… Respondents This Writ Petition is filed under Article 227 of the Constitution of India, praying to quash the order dated 17.09.2018 on I.A.No.10 filed under Section 151 of CPC in O.S.No.43/2011 on the file of the Principal Civil Judge and JMFC at Srinivasapura vide Annexure-A, and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Rahul S. Reddy, learned counsel for the petitioner.
Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. Heard the learned counsel for the petitioner on the question of admission.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 17.09.2018 passed by the Trial Court, by which application preferred by respondent No.1 under Section 151 of the Code of Civil Procedure has been allowed.
4. After arguing the matter to some extent, learned counsel for the petitioner submitted that the proceedings of the suit is fixed on 17.01.2019 and the writ petition may be disposed of and the trial Court be directed to conclude the cross-examination of evidence of DW-2 on 17.01.2019 and to dispose of the suit expeditiously as the same was instituted in the year 2011.
5. In view of the aforesaid submission and in the facts of the case, writ petition is disposed of with a direction to the trial Court to conclude the cross examination of DW-2 on 17.01.2019 and thereafter to decide the suit expeditiously preferably within a period of three months from the date of receipt of certified copy of this order.
Sd/- JUDGE Mds/-