IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.28427 OF 2019 (GM-CPC) BETWEEN:
1 . M/S. SRI VENKATESHWARA EDUCATION TRUST (REGD.) SY NO.67/2, DASANAPURA VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, REPRESENTED BY TRUSTEE/SECRETARY, SMT. ANASUYA RAMAKRISHNA, AGED ABOUT 57 YEARS, 2 . DR. GONCHIGIRI NARAYANA, S/O LATE GIRIYAPPA, AGED ABOUT 70 YEARS, 3 . SMT. JAYANTHI NARAYANA, W/O DR. GONCHIGIRI NARAYANA, AGED ABOUT 62 YEARS, 4 . SMT. PRIYADARSHINI NARAYANA, D/O DR GONCHIGIRI NARAYANA, AGED ABOUT 36 YEARS, PETITIONERS 2 TO 4 ARE RESIDING AT NO.16/21, 3B, PEARL PALACE APARTMENT, PALACE CROSS ROAD, CHAKRAVARTHI LAYOUT, BENGALURU-560 020.
5 . SMT. ANASUYA RAMAKRSIHNA, W/O SRI RAMAKRISHNA, AGED ABOUT 57 YEARS, 6 . MS. SHILPA RAMAKRISHNA, D/O SRI RAMAKRISHNA, AGED ABOUT 34 YEARS, PETTIONERS 5 AND 6 ARE R/AT NO.1344, 3RD CROSS, M.R.H.B.C. COLONY, VIJAYANAGAR NORTH, BENGALURU-560079 (BY SRI. H.N.SHASHIDHARA, ADVOCATE) AND:
1. SRI VENKATESHWARA EDUCATION TRUST (REGD.) NO.98, MARUTHI INDUSTRIAL AREA, 10TH MAIN, 4TH PHASE, PEENYA II STAGE, BENGALURU-560 058 REPRESENTED BY TRUSTEE/SECRETARY, 2. SRI. JAGADEESH S, TRUSTEE, SRI VENKATESHWARA EDUCATION TRUST (REGD.) NO.110, 1ST ‘A’ CROSS, 1ST BLOCK, NAGARBHAVI 2ND STAGE, BENGALURU – 560 072.
3. SRI G.SRINIVASULU, TRUSTEE, SRI VENKATESHWARA EDUCATION TRUST (REGD.) R/AT HULIGERE VILLAGE, MADHALUR POST, SIRA TALUK, TUMKUR DISTRICT – 571 112.
4. SMT. SOWMYA P.N., TRUSTEE, SRI VENKATESHWARA EDUCATION TRUST (REGD.) NO.110, 1ST ‘A’ CROSS, 1ST BLOCK, NAGARBHAVI 2ND STAGE, BENGALURU – 560 072.
... PETITIONERS (BY SRI S.S.NAGANAND, SR. COUNSEL FOR SRI. B.S.NATARAJA, ADVOCATE) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 24.06.2019 ON I.A.NO.1 IN O.S.NO.5506/2017 CONVEYED VIDE ANNEXURE-A TO THE WRIT PETITION, PASSED BY THE XVII ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Matter having been argued for some time, both the learned counsel appearing for the belligerent parties are broadly in agreement with the suggestion of this Court that the impugned order be set aside and that the suit be tried in a time bound manner, all contentions of the parties having been kept open, for urgement in the suit.
In the above circumstances, this Writ Petition is partly allowed and the impugned order is set at naught. A direction issues to the learned trial Judge to try & dispose off the suit within an outer limit of nine months, all contentions of the parties having been kept open.
No costs.
Sd/- JUDGE DS