IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE W.P.No.54100/2018 (GM-CPC) BETWEEN:
Smt. R.Yashodamma, Aged about 84 years, W/o late A.Venkatappa, Residing at No.191, 1st Cross, 4th Main, Deo Heights Layout, Begur, Bangalore – 560 068. … PETITIONER (By Sri Raghu Prasad.B.S., Adv.) AND:
1. Smt. Padmavathi, D/o late A.Venkatappa, W/o Vishwanath.N., Aged about 54 years, Residing at No.136, 1st Cross, John Avenue Road, Green Sleeves Apartments, Singasandra Main Road, Bangalore – 560 068.
2. Sri Harish Kumar, S/o late A.Venkatappa, Aged about 47 years, Residing at No.182/55, 6th Cross, Gokula 1st Stage, HMT Layout, Mathikere, Bangalore – 560 054.
3. Smt. Prathima, Aged about 45 years, D/o late A.Venkatappa, W/o late Rajasheka, Residing at No.191, 1st Cross, 4th Main, Deo Heights Layout, Begur, Bangalore – 560 068.
4. Smt. Asha Rani, Aged about 37 years, D/o late A.Venkatappa, W/o Nagaraj.M.N., Residing at No.17, 13A Main Road, BTM 2nd Stage, Bangalore – 560 029.
5. Sri Ahmed Java Bike Service, No.182/55, Ground Floor, 6th Cross, Gokula 1st Stage, HMT Layout, Mathikere, Bangalore – 560 054.
6. Smt. Shailaja, W/o H.R.Manjunath, Aged Major, No.182/55, First Floor, 6th Cross, Gokula 1st Stage, HMT Layout, Mathikere, Bangalore – 560 054.
7. Sri Bhagaraj Patel, Aged Major, No.182/55, Ground Floor, 6th Cross, Gokula 1st Stage, HMT Layout, Mathikere, Bangalore – 560 054.
8. Smt. Geetha Prasannial, D/o Muniswamy Rao, No.182/55, First Floor, 6th Cross, Gokula 1st Stage, HMT Layout, Mathikere, Bangalore – 560 054.
9. Sri Anand Madav Naik, Aged Major, No.182/55, Second Floor, 6th Cross, Gokula 1st Stage, HMT Layout, Mathikere, Bangalore – 560 054.
10. Sri Venkatesh, Aged Major, No.182/55, Second Floor, 6th Cross, Gokula 1st Stage, HMT Layout, Mathikere, Bangalore – 560 054.
11. Smt. Malathy, Aged Major, No.182/55, Second Floor, 6th Cross, Gokula 1st Stage, HMT Layout, Mathikere, Bangalore – 560 054.
12. Smt. Saraswathy Murthy, Aged Major, No.182/55, Second Floor, 6th Cross, Gokula 1st Stage, HMT Layout, Mathikere, Bangalore – 560 054.
13. Sri Rajana Akilesh, Aged Major, No.182/55, Second Floor, 6th Cross, Gokula 1st Stage, HMT Layout, Mathikere, Bangalore – 560 054.
14. Smt. Nazeer Banu, S/o late Shaik Ismuid, Aged Major, No.182/55, Ground Floor, 6th Cross, Gokula 1st Stage, HMT Layout, Mathikere, Bangalore – 560 054. … RESPONDENTS This writ petition is filed under Article 227 of the Constitution of India, praying to direct the court below to pass orders and complete the trial within three months in O.S.No.8763/2014 on the file of the Principal City Civil & Sessions Judge, Bangalore (CH-3).
This petition coming on for Preliminary Hearing, this day, the Court made the following:
ORDER In this petition under Article 227 of the Constitution of India, petitioner inter alia seeks a direction to the Trial Court to complete the trial within three months.
2. When the matter was taken up today, learned Counsel for the petitioner submits that the petitioner is a senior citizen aged 84 years and the civil suit seeking the relief of partition was filed by her in the year 2014. However, till today, even the issues in the suit have not been framed.
3. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with a direction to the Trial Court to make an endeavour to decide the suit, expeditiously, preferably by 31.12.2019. Accordingly, petition is disposed of.
Sd/- JUDGE KK