IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.1021 OF 2019 (GM-CPC) Between:
Sri.S.Rupesh Kumar, Aged about 33 years, S/o. Late N.Srinivas, Residing at 211, New No.43, 5th Main Road, 10th Cross, Sampangirama Nagara, Bengaluru-560027. …Petitioner (By Sri.Sadananda Shastri, Advocate) And:
1. Sri.S.Muthuraj, Aged about 35 years, S/o. Late. N.Srinivas, Residing at 211, New No.43, 5th Main Road, 10th Cross, Sampangirama Nagara, Bengaluru-560027.
2. Smt.M.V.Pushpavathi @ M.V.Pushpalatha, Aged about 62 years, W/o Late.N.Srinivas, Residing at 211, New No.43, 5th Main Road, 10th Cross, Sampangirama Nagara, Bengaluru-560027.
3. Smt.Shobha, Aged about 40 years, D/o Late. N.Srinivas, W/o G.Paramesh, Residing at Old No.1/48, New No.30, 5th Cross, Manjunatha Nagar, Magadi Road, Bengaluru-560 023.
4. Smt.Dhanalakshmi @ Lakshmi, Aged about 38 years, D/o Late N.Shrinivas, W/o P.K.Chandrashekar, Residing at No.24/26, New No.12, Krishna Gruha, 11th Main, 14th Cross, Lakkasandra Extension, Wilson Garden, Bengaluru-560 030.
5. Smt.Chandrakala, Aged about 36 years, D/o Late N.Srinivas, W/o Kumar.P, Residing at No.162, 4th Cross, Venkateshwara Layout, S.G.Palya, Bengaluru-560 029.
6. M/s. Vardhaman Enterprises by its Proprietor, Ground Floor, Godown Portion of Eastern side of the Premises, No.22/1, 2nd Main, 1st Cross, Vinayakanagar, Bengaluru-560 030.
7. Sri.Durga Rao, Major in age, Godown Ground Floor, Northern Portion of Premises No.22/1, 1st Cross, 2nd Main, Vinayakanagar, Bengaluru-560 030.
8. Sri.Srinivas, Major in age, Father’s name not known, 1st Floor, Northern portion of premises No.22/1, 1st Cross, 2nd Main, Vinayakanagar, Bengaluru-560030.
9. Sri.Harikrishna, Major in age, Father’s name not known, Residing at 1st Floor, Eastern portion of premises No.22/1, 1st Cross, 2nd Main, Vinayakanagar, Bengaluru-560 030.
10. M/s. Carex Logistics, Represented by its Proprietor, Sajan, Ground Floor, Residing at 211, New No.43, 5th Main Road, Sampangirama Nagara, Bengaluru-560 030. ...Respondents This Writ Petition is filed under Article 227 of the Constitution of India praying to direct the Court of the City Civil Judge at Bengaluru (CCH-6) in O.S.No.7534/2012 to expeditiously dispose of the said suit.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:
O R D E R Sri. Sadananda Shastri, learned Counsel for the petitioner.
Heard.
2. In this petition under Article 227 of the Constitution of India, the petitioner inter alia seeks a direction to the trial Court to dispose of the suit expeditiously.
3. When the matter was taken up, the learned Counsel for the petitioner submitted that the suit seeking the relief of partition and separate possession was instituted by the respondent No.1 in the year 2012 and in the aforesaid suit, despite elapse of more than 5 years, the issues are yet to be framed.
4. In view of the aforesaid submissions and taking into account the fact that the civil suit is pending since 2012, the writ petition is disposed of, with a direction to the trial Court to expeditiously dispose of the proceeding in the suit, preferably within a period of one year from today.
Sd/- JUDGE bkp