Disposed

Sri. Mapangada N Poovaiah v. Sri. Mallengada G Vinesh

Karnataka HC11 Jan 2021WP/391/2021

Case brief

AI extract

What is this about?

This Court held that the pending civil suit merits expeditious disposal as a right to speedy justice is recognized under Article 21. The writ petition was disposed of directing the trial court to try and dispose the matter within one year.

What did the court decide?

Directed the learned Senior Civil Judge at Virajpet to try and dispose of the petitioner's suit within a limit of one year.

Sri. Mapangada N Poovaiah Vs Sri… — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 11^TH DAY OF JANUARY, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.391 OF 2021(GM-CPC)

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BETWEEN:

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SRI. MAPANGADA N POOVAIAH, S/O LATE M M NANJAPPA, AGED ABOUT 83 YEARS, RESIDING AT NITTOOR VILLAGE AND POST, SOUTH KODAGU, KODAGU DISTRICT-571216. ...PETITIONER (BY SRI.RAJANNA C, ADVOCATE)

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AND:

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SRI. MALLENGADA G VINESH, S/O MALLENGADA C GANAPATHY, AGED ABOUT 50 YEARS,

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SRI MALLENGADA G PONNAPPA, S/O MALLENGADA C GANAPATHY, AGED ABOUT 42 YEARS,

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SRI MALLENGADA C GANAPATHY S/O MALLENGADA CHENGAPPA AGED ABOUT 76 YEARS

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RESPONDENTS NO.1 TO 3 IS RESIDING AT NITTOOR VILLAGE AND POST, SOUTH KODAGU, KODAGU DISTRICT-571216.

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SRI MALLENGADA KASHI, S/O LATE MANDAPPA, AGED ABOUT 62 YEARS,

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SRI MALLENGADA SUBRAMANI S/O LATE MANDAPPA AGED ABOUT 60 YEARS

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RESPONDENTS NO.4 & 5 IS RESIDING AT C/O SRI PUTTARAJU, HOUSE NO.140/459, MAHADESHWARA BADAVANE,

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8^TH CROSS, KUMBARAKOPPALU, METAGALLI POST, MYSURU-570016.

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SMT MALLENGADA LATHA, D/O MALLENGADA C GANAPATHY, AGED ABOUT 52 YEARS, RESIDING AT CHIKKAMANDOOR VILLAGE AND POST, SOUTH KODAGU, KODAGU DISTRICT-571217,

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SMT MALLENGADA T SEETHAMMA, W/O LATE MALLENGADA TILAKA, AGED ABOUT 50 YEARS,

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SRI MALLENGADA T GANESH, S/O MALLENGADA C GANAPATHY, AGED ABOUT 26 YEARS,

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RESPONDENTS NO.7 & 8 IS RESIDING AT HOUSE NO.24, YESHWANTHANAGAR, JAWA FACTORY ROAD, MYSURU-570001. … RESPONDENTS (NOTICE TO RESPONDENT IS DISPENSED WITH, V.C.O DATED 01.01.2021)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO DISPOSE OF THE MATTER IN O.S.NO.65/2018 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT VIRAJPET KODAGU DISTRICT WITHIN 6 MONTHS.

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THIS PETITION COMING ON FOR ORDERS THIS DAY THROUGH PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:-

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ORDER

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Petitioner being the defendant in O.S.No.65/2018 are

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knocking at the doors of Writ Court seeking a Writ of Mandamus to the learned Sr. Civil Judge at Virajpet to try & dispose off the same expeditiously.

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Notice to respondents is dispensed with since they will have full opportunity to resist the subject suit in the Court below and also regard being had to innocuous nature of the prayer in the writ petition.

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Having heard the learned counsel for the petitioner and having perused the petition papers, this Court is of a considered view that the suit in question merits expeditious disposal since the right to speedy justice is recognized by the Apex Court as a facet of Article 21 of the Constitution of India.

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In the above circumstances, this writ petition is disposed off requesting the learned Civil Judge at Virajpet, to try & dispose off petitioner’s suit within an outer limit of one year and report compliance to the Registrar General of this Court.

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All contentions of the parties are kept open.

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Sd/JUDGE

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Bsv

Sri. Mapangada N Poovaiah v. Sri. Mallengada G Vinesh

Case brief

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Sri. Mapangada N Poovaiah v. Sri. Mallengada G Vinesh

Case brief

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