Allowed

Smt. Sumathi v. Sri. Sherkhan Suri

Karnataka HC17 Dec 2021WP/3279/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka issued a writ under Articles 226 and 227 directing the civil Court to treat O.S.No.220/2014 as a long pending matter and dispose of it within nine months from the receipt of a certified copy of the order.

What did the court decide?

Direction to the civil Court to identify the suit as long pending and dispose of it within nine months from the date of receipt of a certified copy of this order.

Smt. Sumathi Vs Sri. Sherkhan Suri — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF DECEMBER 2021

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BEFORE

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THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD

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WRIT PETITION No.3279 OF 2020 (GM-CPC)

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BETWEEN:

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SMT. SUMATHI WIFE OF JAGANNATHA GOWDA AGED ABOUT 72 YEARS, RESIDING AT NO.22, 10^TH MAIN ROAD, JOGU PALYA, HALASUR, BANGALORE - 560 008 SENIOR CITIZEN BENEFIT NOT CLAIMED

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.. PETITIONER (By SMT. IRFANA NAZEER, ADVOCATE)

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AND:

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SRI SHERKHAN SURI SON OF YUSUF KHAN,

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MAJOR

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ARSHIA SURI

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DAUGHTER OF SHERKHAN SURI MAJOR

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BOTH THE RESPONDENTS ARE RESIDING AT NO.291, WHITEFIELD MAIN ROAD, BANGALORE - 560 066

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...RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE HON'BLE 2^ND SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE RURAL TO CONDUCT THE PROCEEDINGS IN O.S.NO. 220/2014 ON DAY-TO-DAY BASIS AND DISPOSE THE SUIT WITHIN A PERIOD OF SIX MONTHS AS THE PETITIONER HAS BEEN AGGRIEVED BY THE ORDER 29/11/2019 AT ANNEXURE-G; AND ETC.,

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is the plaintiff in O.S.No.220/2014 on the file of Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru [for short, 'the civil Court' ]. The petitioner has filed this suit against the respondents for declaration and for consequential reliefs which includes the prayer for mandatory injunction to remove illegal construction put up in the suit schedule properties. In the present petition, the petitioner seeks a direction for expeditious disposal of the suit.

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The learned counsel for petitioner submits that the suit is repeatedly referred to Lok Adalath for settlement though the petitioner is categorical that there is no room for settlement, and that the last such of reference is in the month of December 2020 and even this reference has failed. She also submits that pleadings are complete and Issues are framed but evidence is yet to be commenced.

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If a party, for reasons, is categorical that there is no room for settlement and feels constrained to approach for directions for expeditious disposal of the suit, it serves no purpose to push the parties to settle the dispute. The suit is of the year 2014 and therefore must qualify as a long pending matter which must be disposed of expeditiously in terms of directions issued by this Court for disposal of long pending matters.

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For the foregoing reasons, the writ petition is disposed of. The civil Court is called upon to identify

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this suit as long pending matter and take necessary measures in terms of the directions of the Court to dispose of expeditiously and in any event within a period of nine (9) months from the date of receipt of a certified copy of this order.

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Sd/JUDGE

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Smt. Sumathi v. Sri. Sherkhan Suri

Case brief

What is this about?

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Smt. Sumathi v. Sri. Sherkhan Suri

Case brief

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