This is an interim order disposing of a writ petition under Article 226 seeking expedited disposal of a civil suit pending over 13 years. The Court noted general instructions for expeditious disposal and left the matter with the Civil Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 9053/2021 (GM-CPC)
BETWEEN :
... PETITIONERS
(BY SRI. P P HEGDE., ADVOCATE)
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AND :
SRI SUBAMANYA SHASTRY S/O LATE SRI GANGADHAR SHASTRY (SINCE DEAD ON 03.03.2009, DELETED AS PER THE ORDER DT 12.12.2013 PASSED ON I.A.NO.12)
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4
JALA HOBLI, BENGALURU NORTH TALUK.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THAT THE SUIT IN O.S.978/2007, ANNEXURE-B PENDING BEFORE THE II ADDL.CIVIL JUDGE (SR.DN), DEVANAHALLI, BE DISPOSED WITHIN A PERIOD OF 3 MONTHS FROM THE DATE OF THE ORDER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioner, who is one of the defendants in O.S.No.978/2007 on the file of the II Additional Civil Judge (Sr.Dn.) & JMFC at Devanahalli has filed this petition for direction to the Civil Court to dispose of the aforesaid suit expeditiously within a period of three months from the date of this Court's order. In this regard, it would be relevant to observe that certain instructions have been issued for expeditious disposal of the cases which are pending for long time, and specific instructions are issued for disposal of the suits which are pending for more than ten years.
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The present suit is pending for more than thirteen years. The Civil Court will have to take necessary measures in terms of the directions for expeditious disposal and as such, the petition stands disposed of.
SD/JUDGE
BSR
1 issue framed by the court
Whether to direct the subordinate civil court to dispose of a suit pending for more than thirteen years within three months.
SRI K. RAJASHEKHARAIAH AND OTHERS
SMT. ARUNA AND OTHERS
B. M. SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
