IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50154 OF 2019 (GM-CPC) BETWEEN:
SRI SATHISH BUDDU S/O. LATE SURYANARAYANA BUDDU AGED ABOUT 38 YEARS R/A NO.1, 9TH MAIN 2ND CROSS, NEXT TO MANJUNATH LAYOUT MUNNEKOLALA MARATHAHALLI BANGALORE – 37 ... PETITIONER (BY SRI VIVEK S.REDDY, SENIOR COUNSEL) AND:
1. N.PAPAIAH REDDY AGED ABOUT 81 YEARS S/0. LATE NANJAPPA REDDY 2. P.CHANDRASHEKAR AGED ABOUT 56 YEARS S/O. PAPAIAH REDDY 3. SMT. PARVATHAMMA AGED ABOUT 62 YEARS D/O. N.PAPAIAH REDDY 4. SRI. RAMASWAMY AGED ABOUT 49 YEARS S/O. N.PAPAIAH REDDY 5. SMT. MEENAMMA AGED ABOUT 45 YEARS D/O. N.PAPAIAH REDDY 6. SMT. SUJATHA AGED ABOUT 43 YEARS D/O. N.PAPAIAH REDDY 7. SRI. MANJUNATHA AGED ABOUT 40 YEARS S/O. N.PAPAIAH REDDY RESPONDENT NOS.1 TO 7 ARE RESIDING AT NPR GARDEN LAXMINARAYANA TEMPLE STREET MUNNEKOLALU VILLAGE MARATHAHALLI POST BANGALORE – 37 8. SMT.VASANTHA HARISH W/O. SRI K.HARISH AGED ABOUT 49 YEARS R/A HARINIVAS VIVEKANANDA ROAD RAMAMURTHY NAGAR BANGALORE – 560 016 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE TRIAL COURT BANGALORE CCH-23 TO CONSIDER THE ADJUDICATE THE I.A.NOS.1 AND 2 FILED IN THE MISCELLANEOUS PETITION NO.737/2019 VIDE ANNEXURES-D AND E WITHIN 15 DAYS OR AS EXPEDITIOUSLY AS POSSIBLE AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner being the defendant in a declaration suit in O.S.No.5761/2011 having suffered an ex parte judgment and decree has moved Miscellaneous Petition No.737/2019 for recall of the same, he is before the writ Court seeking a direction to the Court below to consider his application in I.A.Nos.1 & 2 filed in the said miscellaneous petition, expeditiously.
2. Regard being had to innocuous nature of the prayer and also because the contesting respondents would have an opportunity of participation in the proceedings in the Court below, notice to them is dispensed with.
3. Keeping in view the short grievance of the petitioner and the arguable need for expeditious disposal of the subject application, this writ petition is disposed off, directing the learned XXV Additional City Civil Judge to advance the hearing of the suit, and to hear and dispose off the subject applications within an outer limit of four weeks, after having the say of all the stakeholders and in accordance with law.
All contentions of the parties are kept open.
Sd/- JUDGE KTY