Writ petition under Article 226 seeking direction to dispose of a five-year pending suit; disposed with liberty to petitioner to urge civil court to expedite disposal as long-pending matter.
Petition disposed of with liberty to petitioner to call upon civil court to identify matter as long pending and take steps for expeditious disposal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.21761/2021(GM/CPC)
BETWEEN :
SMT. PUSHPALATHA W/O MARIYAPPA AGED ABOUT 70 YEARS R/AT NO.704, NEW NO.9 11TH CROSS, MCR LAYOUT VIJAYANAGAR BANGALORE-560 040
... PETITIONER
(BY SMT. DHANALAKSHMI K., ADVOCATE)
AND :
1 . MRS RESHMA D/O LATE ABDUL LATHEEF AGED ABOUT 51 YEARS R/AT NO.77/2, 1ST FLOOR 2ND CROSS, HENNUR MAIN ROAD KACHARAKANAHALLI BENGALURU-560 084
2 . MRS CHANDAN D/O LATE ABDUL LATHEEF AGED ABOUT 50 YEARS (PLACED EX PARTE)
2
RESPONDENT NO.2 & 3 R/AT PORTION OF PROPERTY NEW NO.247/1, 249, 251, 253 MUNICIPAL NO.108, FIRST FLOOR 2ND MAIN ROAD, MALLESHWARAM BENGALURU-560 003
ALSO AT
NO.26, KAVERAPPA LAYOUT MILLER TANK BOUND ROAD OPP: TO MAHAVEER JAIN HOSPITAL MAIN GATE A AND B OFFICE VASANTHNAGAR BANGALORE-560 052
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE PRL.CITY CIVIL JUDGE BANGALORE CITY (CCH-3) TO DISPOSE OF O.S.NO.76/2015 WITHIN THE TIME LIMIT SINCE THE PETITIONER IS SENIOR CITIZEN AGED 70 YEARS ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
3
O R D E R
The petitioner, who is the plaintiff in
O.S.No.76/2015 on the file of the City Civil Judge, Bengaluru City,CCH-3 (for short, 'civil Court' ), has filed this petition for a direction which reads as under:
"Issue writ of mandamus or any other writ or order or direction to the Prl.City Civil Judge Bangalore City (CCH-3) to dispose of O.S.No.76/2015 within the time limit since the petitioner is senior citizen aged 70 years."
The learned counsel for the petitioner submits that the petitioner has instituted the above suit against the tenants for ejectment and though the suit is pending for over five years, the trial is not completed. The respondent will have to cross-examine the petitioner who is, as of today, aged about 70 years.
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The petitioner's request for a direction as aforesaid is considered in the light of the directions of this Court to the district Courts to identify long pending matters and take appropriate action for expedited decision. The suit which is pending for more than five years would have to be considered as a long pending matter in the light of such directions.
Therefore, the petition stands disposed of with liberty to the petitioner to call upon the civil Court to identify this matter as a long pending matter and take necessary steps for expeditious disposal.
Sd/JUDGE
nv
SMT. PUSHPALATHA W/O MARIYAPPA
MRS RESHMA D/O LATE ABDUL LATHEEF
MRS CHANDAN D/O LATE ABDUL LATHEEF
SHAVEEZ AHMED S/O LATE ABDUL LATHEEF
B. M. SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
