IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50312 OF 2019 (GM-CPC) BETWEEN:
SRI ASHOK R. JAIN S/O. SRI RIKABCHAND JAIN AGED 55 YEARS RESIDING AT NO.401 PANCHASHEEL APARTMENTS THIRD FLOOR, THIRD CROSS GANDHINAGAR BENGALURU – 560 009…….
... PETITIONER (BY SRI D.N.MANJUNATH, ADVOCATE) AND:
1. SRI P. MURALIDHARA SHASTRI S/O. SRI P. NARAYANA SHASTRI AGED ABOUT 52 YEARS RESIDING AT NO.1 – 1 – 81, ABHADPET OPPOSITE 2ND WARD SCHOOL HINDUPURA, ANANTHAPURAM DISTRICT ANDHRA PRADESH 2. SRI SYED AHMED S/O. LATE SYED KALUSABI SINCE DEAD AND REPRESENTED BY LEGAL HEIRS 2(a). MRS. MUMTAZ BEGUM W/O. LATE SYED AHMED AGED ABOUT 60 YEARS 2(b). MRS. SYED JILANI D/O. LATE SYED AHMED AGED ABOUT 56 YEARS 2(c). MR. MOHAMMED ALI S/O. LATE SYED AHMED AGED ABOUT 46 YEARS 2(d). MR. SHAMMA S/O. LATE MR. SYED AHMED AGED ABOUT 39 YEARS 2(e). MR. SYED ILAHI S/O. LATE MR. SYED AHMED AGED ABOUT 37 YEARS 2(f). MRS. KUSHID BEGUM D/O. LATE MR. SYED AHMED AGED ABOUT 34 YEARS RESPONDENTS 2(a) TO 2(f) ARE RESIDING AT NO.19 BELLAHALLI VILLAGE, YELAHANKA HOBLI BENGALURU NORTH TALUK 3. SRI PRAMOD KUMAR GHYANCHAND S/O. SRI GHYNCHAND JAIN AGED 44 YEARS RESIDING AT NO.2/1, NORTH PARTK ROAD KUMARA KRUPA ROAD CROSS BENGALURU – 560 001 4. SRI KAMALESH KUMAR S/O. SRI MANIKCHAND AGED ABOUT 39 YEARS RESIDING AT “SANKALP” NO.10, LAKSHMI ROAD SHANTHINAGAR BENGALURU – 560 027 5. SRI SOMASHEKAR S/O. SRI GOPALAKRISHNAMURTHY AGED 71 YEARS RESIDING AT NO.1, RADHA APARTMENT BASAPPA ROAD, SHANTHINAGAR BENGALURU – 560 027 ... RESPONDENTS (VIDE ORDER DATED 05.11.2019, NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS BY WAY OF A DIRECTIONS TO THE HON’BLE III ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN O.S.NO.1485/2012 WHICH IS POSTED ON 02.01.2020 TO DISPOSE OFF THE SUIT WITHIN A SPECIFIC TIME FRAMED WORK SO AS TO SAFEGUARD THE INTEREST OF THE PETITIONERS VIDE ANNEX – E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the 4th plaintiff in a declaratory suit in O.S.No.1485/2012 is knocking at the doors of Writ Court seeking a direction to the learned Trial Judge to try and dispose off the same expeditiously and in a time bound manner.
2. Regard being had to innocuous nature of the prayer in the writ petition, notice to respondents is dispensed with in terms of memo filed by the learned counsel for the petitioner and also because they will have an opportunity of full participation in the trial of the suit in the court below.
3. Right to speedier judicial remedy is recognized as a part of Article 21 of Constitution of India; the petitioner was before this Court twice before, vide W.P.Nos.16296-299/2016 (GM-CPC) disposed off on 07.04.2016 (Annexure – A) and W.P.Nos.25595-25598/2015 (GM-CPC) disposed off on 13.07.2015 (Annexure – B); his grievance is that, he has been made to approach this Court once over. This is not a fair thing to happen to a poor & scrupulous litigant.
In the above circumstances, this writ petition is disposed off directing the learned trial Judge to try & dispose off the suit preferably within an outer limit of one year, all contentions of the parties having been kept open.
Sd/- JUDGE MH/-