This writ petition challenged the delay in disposing of a civil suit over property. The High Court refused to issue a mandatory direction for a specific timeline but directed the trial court to prioritize the suit as parties are senior citizens.
The writ petition was dismissed, but the trial court was directed to dispose of the suit expeditiously.
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.
NC: 2023:KHC:37579 WP No.23060 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2023 BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 23060 OF 2023 (GM-CPC)
BETWEEN:
Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA
THE 2ND PETITIONER IS OF UNSOUND MIND REPRESENTED BY HIS NATURAL GUARDIAN SRI. B.V. KUMAR
PETITIONERS NO.1 AND 2 ARE R/AT NO.78/41, 11TH MAIN, 14TH CROSS PADMANABHANAGAR BANASHANKARI 2ND STAGE BENGALURU 560070.
NC: 2023:KHC:37579 WP No.23060 of 2023
UNITED STATES OF AMERICA.
THE PETITIONER NO.3 AND 4 ARE REPRESENTED BY THEIR GPA HOLDER SRI. B.V. KUMAR @ BAGALURU VENKATA SUBBA RAO KUMAR.
…PETITIONERS
(BY SRI. K. VIJAYA KUMAR, ADV.,)
AND:
BOTH ARE R/AT MAHADEVAKODIGEHALLI BAGALURU POST, JALA HOBLI YELAHANKA TALUK BENGALURU 560064.
…RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE ADDL SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI TO DISPOSE THE O.S. NO.10/2020 WITHIN A REASONABLE TIME TO BE FIXED BY THIS HONBLE COURT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner - defendants have filed this petition seeking prayer to issue a writ in the nature of mandamus to the Addl. Senior Civil Judge and JMFC, Devanahalli to dispose of O.S.No.10/2020 within a reasonable time.
injunction. It is also averred that the plaintiffs have filed two applications under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 seeking prayer against the petitioner - defendants restraining them from alienating or encumbering on the suit schedule property and restraining them from interfering with the suit schedule property. The said applications came to be allowed and being aggrieved by the same, the petitioners have filed M.A.No.15023/2020. The appeal was partly allowed and the order passed on I.A.No.2 was set aside by confirming orders on I.A.No.3. Being aggrieved by the order of the Appellate Court, the petitioners have filed W.P.No.487/2021. Similarly, respondents have filed W.P.No.558/2021 assailing the order passed by the Appellate Court. This Court vide order dated 16.08.2023 was pleased to dismiss both the writ petitions and these proceedings are the cause for delay in disposal of the suit. Under these facts and circumstances, the present petition is filed seeking prayer to issue direction to the Trial Court to dispose of the suit in a time bound manner.
petitioners submits that the petitioner No.5 is the defendant in the suit and has acquired her title by way of registered sale deed dated 28.08.2019 and thereafter, the petitioners are in possession and enjoyment of the suit schedule property and the revenue records were also mutated in her name and only with an intention to harass the respondent - plaintiffs have filed the present suit and have also initiated various criminal proceedings against them. It is submitted that the petitioner has good case on merit. However, with an intention to drag on the proceedings, the respondents are not co-operating for early disposal of the suit. It is further submitted that the respondents have initiated false criminal proceedings against the petitioners. Hence, in the interest of justice, it is necessary to dispose of the suit on merit at the earliest. It is also submitted that the petitioner No.5 as well as the respondents are senior citizens. Hence, appropriate order may be passed by directing the Trial Court to dispose of the suit in a time bound manner. Therefore, he seeks to allow the writ petition.
the fact that the parties to the suit are senior citizens and already the suit is at the trial stage. Hence, it would be appropriate for the Trial Court to dispose of the suit expeditiously taking into account the pendency of the older cases before it.
disposed of.
Sd/JUDGE
RV
1 issue framed by the court
Whether the High Court should exercise writ jurisdiction under Article 227 to direct the trial court to dispose of a suit within a specific time frame.
1 provisions across 1 enactments
Smt. Jayamma
Sri. Muniyappa
Sri. Dodda Veerappa
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
