IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER , 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.55014/2017 (GM-FC) BETWEEN:
LAVANYA LAXMAN M SHETTY W/O SURENDRA B D/O LAXMAN M SHETTY AGED ABOUT 27 YEARS R/AT “GANESH PRASAD” NEAR S.L.V. TEMPLE KELAGINA PETE, PADUBIDRI UDUPI TALUK & DISTRICT-574201 (BY SRI KETHAN KUMAR, ADV.) AND:
SURENDRA B S/O B SRINIVAS AGED ABOUT 37 YEARS R/AT “ SRI DEVI KRUPA”
GUDMI VILLAGE, SASTHANA POST UDUPI TALUK & DISTRICT-574201 ... PETITIONER ... RESPONDENT THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO ISSUE A DIRECTION AGAINST THE PRINCIPAL SENIOR CIVIL JUDGE & CJM UDUPI TO DISPOSE OF THE PETITION IN M.C.NO.99/2012 ON MERITS FORTHWITH, SINCE THE MATTER HAS ALREADY REACHED THE STAGE OF FINAL ARGUMENTS AND HAS BEEN PENDING SINCE 3 YEARS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court seeking issue of direction to the Court below to dispose of the petition in M.C.No.99/2012.
2. The petitioner has instituted the petition in M.C.No.99/2012 before the Court below. The parties have tendered their evidence and when the matter was at the stage of arguments, an application has been filed by the petitioner seeking to amend the provision of law. The grievance of the petitioner is that though such amendment has been carried out which is formal in nature, the matter has thereafter not been considered and disposed of and the Court below has adjourned the matter without any reason. In that regard, the order sheet is also referred to.
3. Having taken note of the contention as put forth by the petitioner, this Court in all cases of this nature has been of the impression that such direction/mandamus to a Judicial Officer shall be issued only where the case absolutely demand so. In the instant case, since the amendment had been made and in any event, the Court below is to consider and dispose of the petition, instead of issuing a mandamus the appropriate course would be to permit the petitioner to file a memo along with a copy of this order with the learned Judicial Officer of the Court below seeking for early disposal of the petition. Learned Judicial Officer shall keep in view the manner in which the case has to be proceeded, fix a time frame for the Court below and dispose of the petition in the time frame to be fixed by the Court below.
The petition is accordingly disposed of.
akc/bms Sd/- JUDGE