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.16119 OF 2019 (GM-CPC) BETWEEN:
MR M.A.NAVEEN S/O M B ASWHATHANARAYANA GOWDA AGED ABOUT 40 YEARS R/AT MANCHAKAL KUPPE VILLAGE URDIGERE HOBLI, TUMKUR-572 104 ...PETITIONER (BY SRI RAGHUNATH M.D., ADV.) AND:
1. MRS HEMALATHA V C W/O LATE M A NAGAMARIGOWDA AGED ABOUT 40 YEARS 2. KUM MANYA M N D/O LATE M A NAGAMARIGOWDA AGED ABOUT 14 YEARS REP BY HER GUARDIAN AND MOTHER MRS.HEMALATHA M N BOTH ARE R/AT NO.448, 7TH MAIN 4TH ‘B’ CROSS, RPC LAYOUT HAMPI NAGARA, VIJAYANAGARA BENGALURU-560 104 3. MR M B ASHWATHNARAYANA GOWDA S/O LATE BASAVE GOWDA AGED ABOUT 70 YEARS R/AT MANCHAKAL KUPPE VILLAGE URDIGERE HOBLI, TUMKUR DISTRICT TUMKUR-572 104 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT VIZ., PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMKURU IN O.S.NO.357/2013 DISPOSE OF THE SUIT WITHIN THREE MONTHS AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The 2nd defendant has filed the present writ petition for a writ of mandamus praying to direct the Principal Senior Civil Judge and CJM., Tumkuru in O.S. No.357/2013 to dispose of the suit within three months.
2. It is the case of the petitioner that respondent Nos.1 and 2 herein have filed the suit for partition and possession of the property. Learned counsel for the petitioner submits that after framing the issues the matter was adjourned to 22.11.2017 for plaintiff’s evidence. However, the plaintiffs did not lead the evidence but filed an application for amendment and dragging the matter by taking time. Therefore, the present writ petition is filed.
3. I have heard the learned counsel for the petitioner.
4. Sri Raghunath M.D. learned counsel appearing for the petitioner has contended that the plaintiff is dragging the matter. Though suit was filed in the year 2013 till today, evidence was not commenced. Therefore, he is praying to dispose of the suit within three months.
5. If both the parties proceed with the case and exhibit their institutional responsibilities, there is no impediment for the trial Court to proceed with the case and dispose of the suit at the earliest.
6. In view of the above, writ of mandamus cannot be issued. Accordingly, writ petition is dismissed.
However, trial Court is directed to dispose of the suit at the earliest subject to co-operation of both the parties in accordance with law.
Sd/-
JUDGE BS