IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.28586 OF 2019 (GM-CPC) BETWEEN:
1. SRI.K.MUNIYAPPA, S/O KEMPANNA, AGED ABOUT 63 YEARS, R/AT HUNASAMARANAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK – 562 157.
2. SRI.MUNIRAJU, S/O HANUMANTHARAYAPPA, AGED ABOUT 49 YEARS, R/AT SUBHASHNAGAR, VIDYANAGAR CROSS, BETTAHALASUR, BENGALURU NORTH TALUK – 5621 57.
... PETITIONERS (BY SRI.MURALI M, ADVOCATE) AND:
SRI.M.BHASKAR SHETTY, S/O LATE SHIVANNA SHETTY, AGED ABOUT 49 YEARS, R/AT SUBHASHNAGAR, VIDYANAGAR CROSS, BETTAHALASUR, BENGALURU NORTH TALUK – 5621 57.
... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED SENIOR CIVIL JUDGE AND JMFC DEVANAHALLI TO FRAME THE ISSUES IN O.S.NO.516/2015 AND DISPOSE THE MATTER IN ACCORDANCE WITH LAW WITHIN A PRESCRIBED PERIOD OF TIME AS DIRECTED BY THIS HON’BLE COURT BY ALLOWING THE ABOVE WRIT PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the plaintiffs in a specific performance suit in O.S.No.516/2015 and complaining before this Court that the suit is being adjourned without even framing issues. His essential grievance is against non-framing of issues so that the suit moves stage by stage. Notice to respondent is dispensed with since the prayer of the petitioner is innocuous.
2. Having heard the learned counsel for the petitioners and having perused the petition papers, this Court is of the considered opinion that prima facie, grievance of the petitioners is genuine and therefore, the request is needs to be made to the learned trial Judge to take steps for framing of the issues and thereby progressing the suit proceedings in accordance with law.
Having ordered accordingly, the learned trial Judge is requested to commence and expedite the trial of the suit, with the participation of both the sides.
All contentions of the parties are kept open.
Sd/- JUDGE PSG