IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.43891 OF 2019 (GM-CPC) BETWEEN:
1. LIONS CLUB OF SUNTIKOPPA, B.M.ROAD, SUNTIKOPPA, SOMAWARPET TALUK, KODAGU DISTRICT REP. BY ITS PRESIDENT:
MR. GLEN NISHANT MENEZES, AGED ABOUT 39 YEARS, S/O GODFREY MENEZES.
2. LIONS BHARATIYA EDUCATIONAL SERVICE AND CHARITABLE TRUST KODAGARAHALLI, SUNTIKOPPA HOBLI, SOMAWARPET TALUK-571 243. REP BY ITS TRUSTEE GODFRY MENEZES AGED ABOUT 73 YEARS, S/O LATE A.L.MENZES.
(BY SRI. B.S.NAGARAJ, ADVOCATE) AND:
1. MR. C.A.UTHAIAH AGED ABOUT 85 YEARS, S/O LATE ACHMAMA, R/AT ROMA EXTENTION, SUNTIKOPPA, SOMAWARPET TALUK, KODAGU DISTRICT – 571 237.
2. MR. M.N.HARISH AGED ABOUT 69 YEARS, S/O LATE M.P.NARAYANA, ... PETITIONERS R/AT HARI ESTATE, HARDOOR VILLAGE & POST, VIA SUNTIKOPPA, SOMAWARPET TALUK, KODAGU DISTRICT – 571 237.
3. MR. C.P.PONNAPPA, AGED ABOUT 98 YEARS, S/O LATE MANDETTIRA APPAIAH, R/AT LALITHADRI ESTATE, MADAPUR, SOMPAWARPET TALUK, KODAGU DISTRICT – 571 237.
4. MR. P.K.MUTHANNA, AGED ABOUT 86 YEARS, S/O LATE KARIYAPPA, R/AT PREETH ESTATE, ATHUR NULLORE VILLAGE, VIA SUNTIKOPPA, SOMAWARPET TALUK, KODAGU DISTRICT – 571 237.
5. MR. P.M. CARIAPPA, AGED ABOUT 61 YEARS, S/O LATE P.K.MUTHANNA, R/AT PREETH ESTATE, ATHUR NULLORE VILLAGE, VIA SUNTIKOPPA, SOMAWARPET TALUK, KODAGU DISTRICT – 571 237.
6. MR. A. ABDUL RASHEED, AGED ABOUT 85 YEARS, S/O LATE ABDUL CHECOUR, R/AT WOOLIGULY ESTATE, SUNTIKOPPA, SOMAWARPET TALUK, KODAGU DISTRICT – 571 237.
7. MR. AJITH APPACHOO AGED ABOUT 65 YEARS, S/O K.A.APPACHOO, R/AT GOPAL ESTATE, HARDUR VILLAGE, SUNTIKOPPA HOBLI, SOMAWARPET TALUK, KODAGU DISTRICT – 571 237.
8. SRI. SANJAY S.J. AGED ABOUT 56 YEARS, S/O S.B. JAYARAJ, R/AT PANIA ESTATE, ULUGULY VILLAGE, SUNTIKOPPA HOBLI, SOMAWARPET TALUK, KODAGU DISTRICT – 571 237.
9. SRI. ANIL PONNAPPA AGED ABOUT 51 YEARS, S/O M.A.PONNAPPA, R/AT MADAPURA VILLAGE, SUNTIKOPPA HOBLI, SOMAWARPET TALUK, KODAGU DISTRICT – 571 237.
... RESPONDENTS (NOTICE TO RESPONDENTS ARE D/W V/O DTD. 15.10.2019) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED PRL. DISTRICT AND SESSIONS JUDGE, MADIKERI AT KODAGU, TO CONSIDER THE INTERLOCUTORY APPLICATION NO.2 OF 2017 WHICH IS CONSIDERED AS MISC NO.7 OF 2017, DATED 12.08.2017, FILED UNDER SECTION 92 R.W.SEC.151 OF CPC, FILED BY THE PETITION IN MISC.NO.07 OF 2017 COPY SUBMITTED AT ANNX-A; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the plaintiffs in an unnumbered suit purporting to include a public trust filed under Section 92 of CPC, 1908 are invoking the writ jurisdiction of this Court with a prayer that their Civil Misc.No.7/2017 seeking grant of leave to prosecute the said suit needs to be taken up by the Court below for consideration and disposal.
2. Regard being had to innocuous nature of the prayer in the writ petition, notice to respondents is dispensed with; they will have an opportunity of opposing the said Civil Miscellaneous when it is taken up for consideration.
3. Having heard the learned counsel for the petitioners and having perused the Petition Papers, reprieve needs to be granted inasmuch as every Court is bound to consider such application/petition in accordance with law and at the earliest point of time regardless of it’s merits, since the right to speedier justice is recognized to be a Fundamental Right.
4. Although no reasons are coming forth as to why the subject petition is left unconsidered, suffice it to say that the said application/petition is required to be considered post-haste, there being apparently no impediment for such consideration.
In the above circumstances, this Writ Petition is disposed off directing the learned Principal District Judge, Madikeri, to take up petitioners’ Civil Misc.No.7/2017 for consideration & disposal within an outer limit of six weeks, all contentions of the parties having been kept open.
Sd/- JUDGE DS