IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.7818/2019(GM-CPC) BETWEEN:
MS. K. S. VIMALA, D/O LATE INDRAVADAN B. THAKOOR AND MRS. KURSHEED (JANAKI) THAKOOR, BORN TO MS. KALASA, AGED ABOUT 72 YEARS, RESIDING AT NO.301, NO.413/36, “SHREYAS” 8TH B MAIN ROAD, JAYANAGAR 4TH BLOCK, BANGALORE-560011. ... PETITIONER (BY SRI BRYEN STIENBERG, ADVOCATE FOR SRI JOSE SEBASTIAN, ADVOCATE) AND:
SRI G. N. C. REDDY, S/O G. NARASIMHA REDDY, AGED ABOUT 62 YEARS, R/AT NO.4, 1056, 28TH MAIN, 36TH ‘F’ CROSS, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE-560041. ... RESPONDENT … THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE X ADDITIONAL CITY CIVIL & SESSION JUDGE (CCH- 26), BANGALORE TO DISPOSE OFF THE CASE IN O.S.NO.6440/2016 EXPEDITIOUSLY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The plaintiff has preferred this writ petition for a writ of mandamus directing the Additional City Civil and Sessions Judge (CCH-26), Bangalore to dispose off the suit i.e., O.S.No.6440/2016 expeditiously mainly on the ground that the plaintiff is aged about 72 years.
2. If it is so, it is for the learned Counsel for the plaintiff as well as the defendant to co-operate with the Court in expediting the suit and it is not the case of the plaintiff before the Court that though both the parties are cooperating, the Court is not discharging its duty. If the Counsel for the plaintiff as well as the defendant really want to dispose of the suit at the earliest, they should discharge their institutional responsibility. If once the institutional responsibility is discharged, there is no impediment for the learned Judge to decide and dispose of the case expeditiously.
3. In view of the above, writ of mandamus sought for on the ground that the plaintiff is aged about 72 years cannot be granted in exercise of writ jurisdiction under Article 227 of the Constitution of India.
4. However, it is open for the plaintiff to proceed with the suit subject to co-operation by the other side. If both the Counsel for the parties co-operate in proceeding with the matter, there is no impediment for the trial Court in deciding the case expeditiously.
Writ Petition is accordingly disposed of.
Sd/- Judge Nsu/-