IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.34593/2019 (GM-CPC) Between:
Sri. M.Thippaiah, S/o. Moogappa @ Venkataramanappa, Aged bout 65 years, R/at Medimallasandra Village, Anugondanahalli Hobli, Hoskote Taluk, Bengaluru Rural District-560 087. ... Petitioner (By Sri. K.Vijayakumar, Advocate) And 1. Smt. Lakshmamma, W/o. Late Lakshmappa, Aged about 62 years, Sri. Venkataraju, Died LR’s not brought on record before the Trial Court, 2. Smt. Sampangamma, D/o. Late Lakshmappa, Aged about 48 years, 3. Smt. Gowramma, W/o. Late Ramaswamy, D/o. Late Lakshmappa, Aged about 45 years, Respondent Nos.1 to 3 are R/at Behind Masjid, Medimallasandra Village, Anugondanahalli Hobli, Hoskote Taluk, Bengaluru Rural District-560087.
4. Smt. Gulamma, D/o. Late Ananthappa, Aged about 56 years, 5. Smt. Shanthamma D/o Late Muniyellappa, Aged about 54 years, 6. Smt. Jayamma D/o Late Muniyellappa, Aged about 52 years, 7. Smt. Narayanamma D/o Late Muniyellappa, Aged about 50 years, 8. Smt. Ramakrishnamma D/o Late Muniyellappa, Aged about 48 years, Respondent Nos.4 to 8 are R/at Medimallasandra Village, Anugondanahalli Hobli, Hoskote Taluk, Bengaluru Rural District-560 087.
Sri Khaja Ashyam Died LR’s not brought On record before the trial court. ... Respondents This Writ Petition is filed under Article 227 of the Constitution of India praying to direct the II Additional Senior Civil Judge, Bengaluru Rural District at Bengaluru to dispose of the suit in O.S.No.195/2014 within a reasonable time to be fixed by this Hon’ble Court.
This Writ Petition is coming on for Preliminary Hearing this day, the Court made the following:
ORDER Petitioner being the 7th defendant in a suit for partition in O.S.No.195/2014 filed by the respondent Nos.1 to 3 herein, are invoking the writ jurisdiction of this court for a direction to the trial Judge to try and dispose off the said suit expeditiously.
2. Notice to respondents is dispensed with since the prayer in the Writ Petition is as innocuous as can be and that respondents would be participating in the trial of the suit with full opportunity.
3. Having heard the learned counsel for the petitioner and having perused the Petition Papers, the matter is disposed off requesting the learned II Addl. Senior Civil Judge, Bengaluru Rural District to try and dispose off the subject suit preferably within a period of one year excluding the period of adjournments if and when taken by the petitioner.
All contentions are kept open.
Sd/- JUDGE HA/-