IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2017 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION No.51454/2016 (GM-CPC) BETWEEN:
1. M.Y. RUDRESHAIAH, AGED ABOUT 48 YEARS, 2. VEERESHAIAH M.Y., AGED ABOUT 46 YEARS, 3. MAHESHWARAIAH M.Y., AGED ABOUT 40 YEARS, ALL ARE SONS OF LATE YOMAKESHAIAH, AND R/O AGARADALLI, BHADRAVATHI TALUK, SHIMOGA DISTRICT – 577 202. ... PETITIONERS (BY SRI: K.N. PUTTE GOWDA, ADVOCATE) AND:
1. VIJAYA RAGHAVENDRA EDUCATIONAL TRUST, #5450/A-3, BEHIND VIVEKANANDA SCHOOL, BANASHANKARI EXTENSION, DAVANGERE – 577 202.
1(a) BY ITS PRESIDENT/TRUSTEE BADDEPUDI JANAKIRAM, S/O B. VENKATANARAYANA, PLOT NO.305, PRAJAY AVENUE, STAGE-2, AMBERPET, HYDERABAD – 560 013.
1(b) BY ITS SECRETARY/TRUSTEE, GUDALA RADHAKRISHNA S/O VENKATASUBBARAO, R/O DURGIGUDI MAIN ROAD, NEAR SHANESHWARA TEMPLE, SHIVAMOGGA CITY – 577 202.
1(c) BY ITS TREASURER/TRUSTEE CHANDRASHEKARA KANNAN, S/O A.V.G. CHANDRASHEKARAN, #678/A-4, SHIVAKUMARA BADAVANE, 2ND STAGE, DAVANGERE – 577 202.
1(d) BY ITS MEMBER/TRUSTEE PRASHANTH KUMAR MANGAJ, S/O ASHOK MANGAJ, #99/16-A-3, “SNEHA BUILDING”, DOGGALLI COMPOUND, K.R.ROAD, DAVANGERE – 577 202.
2. SRI. VIDYANIKETHANA PRE-UNIVERSITY COLLEGE BY ITS SECRETARY/PRINCIPAL GUDALA RADHAKRISHNA S/O GUDALA VENKATA SUBBARAO, R/O DURGIGUDI MAIN ROAD, NEAR SHANESHWARA TEMPLE, SHIVAMOGGA CITY – 577 202. ... RESPONDENTS (BY SRI: MOHAN KUMAR T., ADVOCATE) ***** THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 07.09.2016 PASSED BY THE II ADDL. SR. CIVIL JUDGE, SHIVAMOGGA IN O.S.196/2015 ON I.A.V AT ANNEX-G AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, COURT MADE THE FOLLOWING:
O R D E R Though the writ petition is listed with regard to service of notice on certain respondents, as learned counsel for respondent No.2 undertakes to appear on behalf of all the respondents, with the consent of learned counsel on both sides, it is heard finally.
2. Though the writ petition assails order dated 07/09/2016, passed in O.S.No.196/2015, on I.A.No.V, petitioners’ counsel submits that he would not press the writ petition with regard to the said order. He however, submits that at the stage of judgment in the said suit, the respondents herein filed their written statement. The same has been taken on record and issues are to be framed. Petitioners’ counsel further submits that having regard to the nature of the relief sought in the suit, a direction may be issued to the trial court to dispose of the suit expeditiously.
3. Learned counsel for the respondents has no objection if such a direction is issued to the trial court.
4. In the circumstances, the order impugned in this writ petition is not interfered with. The trial court is directed to dispose of the suit expeditiously and at any rate on or before 31/12/2017. It is needless to observe that having regard to the aforesaid direction, all the parties in the suit are directed to co-operate with the trial court for speedy disposal of the suit. Also sufficient timeframe has been given so as to obviate the necessity of extending the time further.
5. With the aforesaid observations and directions, this writ petition is disposed.
Sd/- JUDGE S*