IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.15416/2019(GM-CPC) MR. P. VITTALRAYA SHENOY AGE 59 YEARS, S/O. P. NARAYANA SHENOY, NAVANEETH, KALAI KANDETTU, BIKARNAKATTA, MANGALURU 575005.
(BY SRI BOPANNA, ADVOCATE FOR SRI RAJASHEKAR S., ADVOCATE) AND:
1. MR. H. DILIP JAIN, S/O. MR. HOSTHIMAL JAIN, MAJOR, RESIDING AT INDRADEEP HOUSE, GOPALAKRISHNA TEMPLE ROAD, MAGALORE 574 142 2. MR. D. INDU JAIN MAJOR, W/O. H. DILIP JAIN, INDRADEEP HOUSE, GOPALAKRISHNA TEMPLE ROAD, MANGALORE 574 142 3. MR. DEVADAS SHETTY S/O. SHANTHARAM SHETTY, MAJOR, RESIDING AT INLAND ABONY, NEAR ACITY HOSPITAL, ... PETITIONER MALLIKATTA, MANGALURU 575001.
… ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM MANGALURU, D.K. TO DISPOSE OF THE SUIT IN O.S.NO.40/2016 PENDING ON ITS FILES WITHIN A REASONABLE TIME TO BE FIXED BY THIS HON'BLE COURT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER It is unfortunate that the petitioner, who is plaintiff before the trial Court sought time for filing reply from 6.9.2017 till 5.1.2018 and now he has filed the present writ petition before this Court for a writ of mandamus directing the learned Judge to dispose of suit – O.S.No. 40/2016 within a reasonable time to be fixed by this Court.
2. The plaintiff filed a suit for ejectment against the defendants for handing over vacant possession of the suit schedule property and for permanent injunction without showing bonafide and institutional responsibility. If both the parties to the suit proceeded with the case, there is no impediment for the trial Court to proceed with suit. Instead of proceeding with the case, on several occasions, learned Counsel for the plaintiff sought time and now filed this writ petition, which is nothing but browbeating the Court.
3. In view of the above, writ of mandamus cannot be issued in exercise of powers under Article 227 of the Constitution of India. Accordingly, writ petition is dismissed.
Sd/- Judge Nsu/-