High Court granted stay on main trial proceedings for six months in a civil suit, directing the trial court to dispose of all pending inter locutory applications in three months to expedite the matter.
Direction to the trial court to dispose of all pending interlocutory applications in O.S. No. 8146/2008 within three months; stay on main trial proceedings.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.49422 OF 2017 (GM-CPC)
BETWEEN:
SMT B.N.ASHA W/O SRI RAMACHANDRAPPA AGED ABOUT 41 YEARS RESIDING AT NO.252 "LAKSHMIKANTHA NILAYA" 1ST FLOOR, KAR MOBILE ROAD 1ST BLOCK, 1ST STAGE PEENYA, BENGALURU - 560 058
... PETITIONER
(BY SRI. S VISWESWARAIAH, ADVOCATE)
AND:
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KUVEMPU ROAD, 2ND BLOCK PEENYA, NEAR MANJUNATHA OIL STORES BENGALURU - 560 058
...RESPONDENTS
(BY SRI K.K.VASANTH, ADVOCATE FOR R1, R2 TO R4 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF MANDAMUS DIRECTING THE LEARNED XXIV ADDITIONAL CITY CIVIL & SESSIONS COURT AT BENGALURU TO DISPOSE OF THE PENDING APPLICATIONS IN O.S.NO.8146/2008 BEFORE PROCEEDING WITH THE TRAIL ON THE MAIN MATTER; b) TO ISSUE ANY OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE, IN THE ENDS OF JUSTICE AND EQUITY.
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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner has sought for
the following reliefs:
"a) To issue a writ of Mandamus directing the Learned XXIV Additional City Civil & Sessions Court at Bengaluru to dispose of the pending applications in O.S.No.8146/2008 before proceeding with the trial on the main matter.
b) To issue any other writ or direction as this Hon'ble Court deems fit to grant under the circumstances of the case, in the ends of justice and equity.."
2. Heard learned counsel for the petitioner
and learned counsel for respondent No.1. Perused the material on record.
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present petition as well as on the applications pending before the trial Court, without expressing any opinion on merits/demerits of the rival contentions urged by the parties, I deem it just and proper to dispose of the writ petition directing the trial Court before whom O.S.No.8146/2008 is pending to dispose of all pending Interlocutory applications within a period of three months from the date of receipt of copy of this order.
Subject to the aforesaid directions, writ petition stands disposed of.
Sd/JUDGE
RR
1 issue framed by the court
Whether the High Court should direct the trial court to dispose of pending interlocutory applications within a fixed period.
Smt B.N. Asha
Smt. Sunitha
Sri B N Manjunatha
Smt B N Suma
Smt B N Lakshmikantha
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
