IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50666 OF 2019 (GM-CPC) BETWEEN:
Sri M. Muniraju S/o late Mutturayappa Aged about 63 years Residing at No.40, Krishnappa Block 6th Cross, 4th Main Ganganagar Bengaluru – 560 062 (by Ms. Siri Rajashekar for Shri Saravana S., Advocate) AND:
1. Sri M.C. Santosh Kumar S/o late M C Gangadarappa Aged about 34 years 2. Sri M C Pavan Kumar S/o late M C Gangadarappa Aged about 32 years Both are residing at No.20/1, Dasappana Palya Chikkabanavara Bangalore – 560 090 3. Sri M C Amrutha W/o late M C Gangadarappa ... PETITIONER Aged about 38 years No.20/1, Dasappana Palya Chikkabanavara Bangalore – 560 090 4. Smt. Chandraprabha Aged about 54 years W/o Muniraju 5. N. Swetha Rani D/o Muniraju Aged about 29 years 6. M. Savan Kumar S/o Muniraju Aged about 27 years 4 to 6 residing at No.40, Krishnappa Block 6th Cross, 4th Main Ganganagar Bangalore – 560 092 7. M Srinivas Aged about 48 years S/o late Mutturayappa 8. Smt. Anita Aged about 48 years W/o Srinivas 9. M. Eshwar Aged about 20 years S/o Srinivas Respondent No.7 to 9 Residing at Chikkabanavara village Dasappana palya Yeshwanthpura Hobli Bengaluru – 560 090 10. M/s. Jayanthi Sri Hariyappa D/o J N Sagar Aged about 21 years R/at No.1128, A Block 2nd Stage, 5th Main Subramanyanagar Main Road Rajajinagar Bengaluru 560 010 11. Kavitha B G W/o Manjunath Aged about 35 years R/at No.20, 2nd cross 8th Main, Bhuvaneshwari Nagar Hesaraghatta Main Road T. Dasarahalli Bangalore – 560 057 12. N. Radha Krishna S/o Narasimhaiah Aged about 42 years R/at No.738 Dasanapura Palya Main Road Chikkabanavara Post Yeshwanthapura Hobli Bengaluru – 560 090 13. C Manjunath S/o Chowdappa Aged about 40 years R/at NO.738, Choudeshwari Nilaya Dasappana Palya Chikkabanavara Grama Yeshwanthpura Hobli Bangalore – 560 090 …RESPONDENTS This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the 1st Additional Senior Civil Judge, Bangalore Rural District, Bangalore for early disposal of the OS No.948 of 2016 within a time stipulated by this Court; and etc.
This writ petition coming on for preliminary hearing, this day, the court made the following:
O R D E R The petitioner being the first defendant in a Partition Suit in OS NO.948 of 2016 is grieving before the Writ Court against non-consideration of his application filed under Order VII Rule 11(a) & (d) read with Order XXIII Rule 1 of the Code of Civil Procedure, 1908.
2. Regard being had to the innocuous prayer made in the writ petition and also because, the contesting respondents would have an opportunity to oppose the subject application in the Court below, notice to respondents is dispensed with.
3. It has long been a settled position of law that where an application of the kind is made, the trial Judge needs to consider the same expeditiously; this apparently having not been done, the petitioner is justified in knocking at the doors of writ Court.
In the above circumstances, the learned trial Judge is requested to take up petitioner’s subject application for consideration and disposal within a period of eight weeks.
Petition disposed off accordingly, keeping open all contentions of the parties.
Sd/- JUDGE lnn