IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.43864 OF 2019 (GM-CPC) BETWEEN:
1. SRI SAMPANGIRAMAIAH S/O.LATE MUNIVENKATAPPA AGED ABOUT 65 YEARS 2. SRI ANJANAPPA S/O.LATE MUNIVENKATAPPA AGED ABOUT 63 YEARS 3. SRI VENKATESH S/O.LATE MUNIVENKATAPPA AGED ABOUT 60 YEARS 4. SRI RAMESH S/O.LATE MUNIVENKATAPPA AGED ABOUT 57 YEARS ALL ARE R/AT BIDARAHALLI VILLAGE, BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE DISTRICT-560 049 (BY SRI RAMESH P. KULKARNI, ADVOCATE) AND:
1. SMT.BYAMMA W/O.LATE MUNIYAPPA AGED ABOUT 61 YEARS R/AT BIDARAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE DISTRICT-560 049 ... PETITIONERS 2. SMT.ANITHA D/O.LATE MUNIYAPPA W/O.SRINIVAS AGED ABOUT 58 YEARS R/AT NO.72/2, MARENAHALLI J.P.NAGAR BENGALURU-560 078 3. SMT.KAMALA D/O.LATE MUNIYAPPA W/O.NAGESH AGED ABOUT 45 YEARS DODDURU VILLAGE KARAPPANHALLI POST BANGARPET TALUK KOLAR DISTRICT-563 114 4. SMT.RAMA D/O.LATE MUNIYAPPA W/O.GUNDEGOWDA AGED ABOUT 42 YEARS UPPARAHALLI VILLAGE MANCHENAHALLI POST GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561 211 5. SMT.RUKKAMMA W/O.LATE MUDDANNA AGED ABOUT 68 YEARS R/AT BIDARAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE DISTRICT-560 049 6. SRI APPAJAPPA S/O.LATE NARAYANAPPA AGED ABOUT 6 YEARS 7. SMT.RAMAKKA W/O.LATE NARAYANAPPA AGED ABOUT 83 YEARS 8. SMT.VENKATALAKSHMAMMA W/O.KEMPANNA D/O.LATE NARAYANAPPA AGED ABOUT 53 YEARS R/AT NAGARENAHALLI VILLAGE BEGUR POST, SULIBELE HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT-562 122 9. SRI MANJUNATH S/O.LATE NARAYANAPPA AGED ABOUT 48 YEARS 10. SRI RAMANJINAPPA S/O.LATE NARAYANAPPA AGED ABOUT 43 YEARS R6, R7, R9 AND R10 ARE R/AT BIDARAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE DISTRICT-560 049 11. SRI GOPALAPPA S/O.LATE HANUMANTHAPPA @ APPAJAPPA AGED ABOUT 63 YEARS 12. SMT.LAKSHMAMMA W/O.LATE KRISHNAPPA AGED ABOUT 59 YEARS 13. SMT.KRISHNAMMA W/O.LATE HANUMANTHAPPA AGED ABOUT 53 YEARS R11 TO R13 ARE R/AT BIDARAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE DISTRICT-560 049 14. SRI P.RAMANJINAPPA AGED ABOUT 61 YEARS S/O.LATE PAPAIAH @ APPAIAH R/AT KAVIVALYA NILAYA PAPAIAH LAYOUT, NEAR DEVAMATHA CENTRAL SCHOOL KALYANA NAGAR POST BANGALORE-560 043 ... RESPONDENTS (NOTICE TO THE RESPONDENTS IS DISPENSED WITH V/O DATED 21.10.2019) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU (EITHER BY DIRECTING THE INCHARGE PRESIDING OFFICER TO HEAR AND DISPOSE OF IA (ANNEXURE-D) BY TRANSFERRING THE CASE TO A COURT WHERE PRESIDING OFFICER IS WORKING), TO DISPOSE OF THE SUIT IN OS.NO.1655/2006 (ANNEXURE-A) EXPEDITIOUSLY WITHIN A FIXED TIME FRAME OF LESS THAN SIX MONTHS OR ANY OTHER PERIOD DEEMED FIT BY THIS COURT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being defendants in a partition suit in O.S.No.1655/2006 are before this Court grieving against long pendency of the said suit which is allegedly being adjourned and adjourned indefinitely. Notice to the respondents is dispensed with in view of innocuous nature of the prayer and in terms of memo since they will have full participation in the trial of the suit.
2. Learned counsel for the petitioners argues that the right to speedy justice is a part of Article 21 of the Constitution of India as held by the Apex Court and therefore the suit of the year 2006 needs to be directed to be tried and disposed off in a time bound way. Therefore, there is force in this submission.
In the above circumstances, this writ petition is disposed off directing the learned IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru to try and dispose off the suit within a period of nine months and to report compliance to the Registrar General of this Court.
All contentions of the parties are kept open.
Sd/- JUDGE KTY