Writ petition for quashing time extension orders and directing expedited disposal of an ejectment suit was partially addressed. Petitioner withdrew prayer for quashing; court directed trial court to dispose of suit within 8 months.
Directed the trial court to dispose of the ejectment suit within 8 months.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 4785 OF 2023 (GM-CPC)
BETWEEN:
SRI B PRAVEEN AGED ABOUT 56 YEARS S/O LATE B KUMARAIAH NO.51203, PRESTIGE FALCON CITY KONANKUNTE CROSS, KANAKAPURA ROAD BANGALORE-560078.
…PETITIONER
(BY SRI. VARDHAMAN GUNJAL V, ADV.)
AND:
Digitally signed by GURURAJ D Location: High Court of Karnataka
SMT. RESHMA SULTANA W/O MOHAMMED AYUB OCCUPANT OF NO.512 11TH CROSS, 8TH MAIN ROAD J.P.NAGAR 2ND PHASE BANGALORE-560 078.
(BY SRI K.N.DAYALU A.N., ADV.)
…RESPONDENT
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER DATED 03.01.2023 AND 03.02.2023 PRODUCED AT ANNEXURE-A EXTENDING THE TIME TO FILE WRITTEN STATEMENT AND GRANTING TIME TO THE DEFENDANT TO FILE OBJECTIONS TO IA NO.3 AT ANNEXURE-E, AS THE LEARNED CIVIL JUDGE HAS FAILED TO EXERCISE THE JURISDICTION VESTED IN HIM AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:29467 WP No. 4785 of 2023
ORDER
The petitioner/plaintiff in O.S.No.3905/2020 is before
this Court praying for the following reliefs:
(A) Quash the Order dated 03.01.2023 and 03.02.2023 produced at Annexure-A extending the time to file written statement and granting time the Defendant to file objections to IA No.3 at AnnexureD, as the Learned Civil Judge has failed to exercise the jurisdiction vested in him;
(B) The Learned Civil Judge to post O.S.No.3905/2020 pending on the file of the LXI Additional City Civil and Sessions Judge, (CCH-62), Bangalore to post the matter for recording the evidence of the Petitioner and proceed with the matter on merits;
(C) The Petitioner prays that this Hon’ble Court in the alternative direct the Learned Civil Judge to dispose of the OS No.3905/2020 pending on the file of the LXI Additional City Civil and Sessions Judge, (CCH-62) Bangalore in a time bound manner not later than two months from the date of disposal of this writ petition.”
and learned counsel Sri.K.N.Dayalu for respondent. Perused the writ petition papers.
NC: 2023:KHC:29467 WP No. 4785 of 2023
Therefore, he submits that the Court would not be in a position to dispose of the suit within three months as prayed by the petitioner/plaintiff.
With the above, the writ petition stands disposed of.
Sd/JUDGE
MPK CT:bms List No.: 1 Sl No.: 65
2 issues framed by the court
Whether to direct the trial court to dispose of an ejectment suit within a specified time frame.
Whether to consider the quashing of orders extending time to file written statement.
2 provisions across 1 enactments
Sri B Praveen
Smt. Reshma Sultana
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
