IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.55430/2018 (GM-CPC) BETWEEN :
Kota Subramanyam S/o. Late Kota Venkara Subbaiah, Aged 74 years, R/at. No.10, Meghana Gardens, East Marredpally, Secunderabad-500 026. ... Petitioner (By Sri. Chandrashekar.C., Advocate) AND 1. Viswabharathi House Building Co-operative Society Ltd., No.35, Ratnavilas Road, Basavanagudi, Bengaluru-560 004.
Represented by its Secretary.
2. Sri. H.V.Vadhiraja Father name not know to the petitioner, Major, Secretary of Viswabharathi House, Building Co-operative Society Ltd., No.35, Ratnavilas Road, Basavanagudi, Bengaluru-560 004.
3. Sri. T.Venkanna Chetty, S/o. Late T.V.Veeranna Chetty, Aged 82 years, R/at. No.12, EAT, street, Basavangudi, Bengaluru-560 004.
4. Sri. T.V.Sreedhar S/o. V.Jagan Mohan Rao, Aged 55 years, R/at. No.105, Brigade Classic, Armugam Circle, Basavanagudi, Bengaluru-560 004.
5. Sri. Vadhiraja Upadyaya, S/o. K.Lakshminarayana Upadhyaya, Major, R/at. Poornapragna Vidyapeeta, Bengaluru-560 028.
6. Sri. C.N.Narayana S/o. Late. C.Chennaiah, Major, R/at. No.75, 14th Main, 2nd Cross, BSK-I stage, Bengaluru-560 050. … Respondents This Writ Petition is filed under Article 227 of the Constitution of India praying to direct or order to the Hon’ble Addl. City Civil Judge, Bangalore (CCH-3) to adjudicate the said case in O.S.No.4534/*2018 pending consideration, by fixing time frame for speedy disposal.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER The plaintiff has filed the present writ petition seeking writ of mandamus directing the learned Additional City Civil *Correction carried out vide Court order dated 23.10.2020.
Judge, Bengaluru (CCH-3) to dispose of the suit in O.S.No.4534/*2018 by fixing time frame for speedy disposal mainly on the ground that petitioner is aged about 74 years.
2. The suit filed by the plaintiff is for declaration and possession. If the plaintiff, defendants and learned counsel for plaintiff and the defendants exhibits their institutional responsibility, there is no impediment for the trial court to proceed and dispose off the suit as expeditiously. In the absence of any inclination by both the parties, this court cannot issue wit of mandamus in exercise of powers conferred under Article 227 of the Constitution of India.
3. Accordingly writ petition dismissed.
Np/-
*Correction carried out vide Court order dated 23.10.2020 Sd/- JUDGE