IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NO.17801/2019 (GM-CPC) Between:
Sri.H.P.Krishnamurthy Since deceased Rep by his LRs:
1(a) Smt.R.Pramila, W/o late H.P.Krishna Murthy, Aged about 62 years.
1(b) Sri.K.Gagan, S/o late H.P.Krishna Murthy, Aged about 21 years.
Both are residing at Hagadur Village, Whitefield Post, K.R.Puram Hobli, Bengaluru – 560066.
1(c) Smt.K.Prathima, D/o late H.P.Krishna Murthy, Aged about 38 years, No.58, Jakkur Village, Bengaluru – 560064.
1(d) Smt.K.Mamatha, D/o late H.P.Krishna Murthy, Aged about 36 years, R/at Kariyanapalaya, Bengaluru – 560084.
1(e) Smt.K.Ramya, D/o late H.P.Krishna Murthy, Aged about 30 years, Residing at Babusapalya, Bengaluru – 560043.
… Petitioners (By Sri.Sai Kiran.R, Advocate) And:
Smt.Papamma, Aged about 81 years, W/o late D.R.Krishnappa, Residing at No.285, Venkateshwaraswamy Temple, Immadihalli Village, K.R.Puram Hobli, White Field Post, Bengaluru – 560066.
... Respondent *** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for lower records in O.S.No.1718/2013 which is dismissed by final order dated 25.03.2019 by (Incharge Court of) the Hon’ble II Additional Senior Civil Judge, Bengaluru Rural District at Bengaluru.
This Writ Petition coming on for Preliminary Hearing, this day, the court made the following:
ORDER It is an unfortunate suit filed by the present petitioners in O.S.No.1718/2013 for declaration which came to be dismissed for default on 25.03.2019 on the fault of the learned counsel for the plaintiffs. Therefore, Miscellaneous Appeal No.81/2019 filed for restoration of the said suit. Accordingly, learned counsel for the petitioners has already argued and he wants direction to issue writ of mandamus to the learned Judge to consider and dispose of the Miscellaneous Appeal No.81/2019 at the earliest within a reasonable period of time.
2. The Suit filed came to be dismissed for non- prosecution clearly indicates that neither the plaintiffs nor the counsel were diligent in conducting the proceedings in the Miscellaneous Appeal. It is for him to prove before the learned trial Judge and if any urgency, he can file an application and seek for speedy disposal before the learned trial Judge only. He cannot file writ seeking direction to the learned Judge to dispose of the Miscellaneous appeal before this Court which was filed on 01.04.2019, it clearly indicates the conduct of the petitioners and it is nothing but the tactics of the petitioners. There is no impediment for the learned trial Judge to expedite the trial if the plaintiffs and the learned counsel discharge the institutional responsibility. Therefore, this Court cannot exercise the power under Articles 226 and 227 of the Constitution of India.
Accordingly, the writ petition is dismissed as not maintainable.
Sd/- JUDGE PN/-