IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.1984/2019 (GM-CPC) BETWEEN SRI MOHAMMED NAWAZ KHAN, SON OF MAIMUNNISSA, (SENIOR CITIZEN/ADVOCATE), AGED ABOUT 67 YEARS, PRESENTLY RESIDING AT 3K, 564, 3RD CROSS, ST.MARY’S LAYOUT, ARABIC COLLEGE POST, NAGAWARA MAIN ROAD, BENGALURU-560045.
... PETITIONER (BY SMT.NIREEKSHANA, ADVOCATE FOR MEENAKSHI.K, FOR PETITIONER) AND 1. GHOUSE PEER KHAN, DEAD BY HIS LRS, a) SHAHATAJ BEGUM, WIFE OF LATE GHOUSE PEER KHAN, AGED ABOUT 51 YEARS, b) JAHEEDA BEGUM, WIFE OF LATE GHOUSE PEER KHAN, AGED ABOUT 46 YEARS, c) NIZAM KHAN, SON OF LATE GHOUSE PEER KHAN, AGED ABOUT 34 YEARS, d) NAZIA KHANUM, DAUGHTER OF LATE GHOUSE PEER KHAN, AGED ABOUT 35 YEARS, e) SHAZIA KHANUM, DAUGHTER OF LATE GHOUSE PEER KHAN, AGED ABOUT 35 YEARS, ALL ARE RESIDING AT JAKEER HUSSAIN MOHALLA, SRINIVASPUR TOWN-563138, 2. MOHAMMED IMRAN KHAN, SON OF MOHAMMED NAWAZ KHAN, AGED ABOUT 40 YEARS, 3. MOHAMMED IRFAN KHAN, SON OF MOHAMMED NAWAZ KHAN, AGED ABOUT 38 YEARS, 4. MOHAMMED FAR KHAN, SON OF MOHAMMED NAWAZ KHAN, AGED ABOUT 36 YEARS, SL.NO.2 TO 4 ARE RESIDING AT NO.1-5-28, 2ND FLOOR, 1ST MAIN ROAD, BISMILLANAGAR, BANNERGHATTA ROAD, BENGALURU-560029. ... RESPONDENTS (V/O DATED 13.08.2019, NOTICE TO RESPONDENTS ARE D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE ADDITIONAL CIVIL JUDGE AND JMFC AT SRINIVASPUR TO DISPOSE OFF THE SUIT IN O.S.NO.64/2011 EXPEDITIOUSLY WITHIN TWO WEEKS AND PASS JUDGEMENT AND DECREE ON MERITS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the defendant in a declaratory suit filed by the respondent in O.S.No.64/2011 is knocking at the doors of Writ Court seeking a direction to the learned Additional Civil Judge at Srinivasapura to try & dispose off the said suit expeditiously and within two weeks.
2. Because of the innocuous prayer, notice to respondents is dispensed with; anyway, they will have an opportunity of prosecuting the suit since no order is made on merits of the matter in this writ petition. Right to speedier justice being protected by the judiciary, a direction needs to be issued to the learned trial judge to try & dispose off the suit within an outer limit of one year.
Ordered accordingly.
Writ petition stands disposed off.
Sd/- JUDGE cbc