Writ petition filed under Article 227 seeking direction for time-bound disposal of civil suit where plaintiff evidence was pending. Court invited cooperation for expeditious disposal and disposed the petition.
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NC: 2023:KHC:27642 WP No. 6560 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 6560 OF 2023 (GM-CPC)
BETWEEN:
M/S PURAVANKARA LIMITED A COMPANY REGISTERED INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1965 HAVING ITS REGISTERED OFFICE AT NO.8, USLOOR ROAD BANGALORE-560042 REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI KEERHI B M
…PETITIONER
(BY SRI. JOSEPH ANTHONY.,ADVOCATE)
AND:
Digitally signed by GURURAJ D Location: High Court of Karnataka
AGED ABOUT 22 YEARS R/A UGANAWADI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562110
KASABA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-561203
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECTION TO THE LD.TRAIL COURT TO DISPOSE THE PROCEEDING IN OS NO.879/2007 (ANNEXURE-C) IN A TIME BOUND MANNER.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:27642 WP No. 6560 of 2023
ORDER
The petitioner defendant No.9 in O.S.879/2007 on
the file of Senior Civil Judge, Devanahalli is before this Court praying for a direction to the Trial Court to dispose of proceedings in a time bound manner. Learned counsel Prajwal B.M. who appeared for petitioner would submit that the petitioner defendant No.9 was impleaded as defendant No.9 in the above stated suit on 09.08.2021 and there after in September-2022 the petitioner defendant No.9 filed written statement.
in the suit is yet to commence. The plaintiffs are protracting the proceedings without filing an affidavit evidence.
NC: 2023:KHC:27642 WP No. 6560 of 2023
suit could be disposed on merits unless the parties to the proceedings cooperate with the Court. Since the suit is of the order 2007, the Trial Court to Endeavour to dispose of the suit in an expeditious manner with the cooperation of the parties to the proceedings. With the above the petition
stands disposed off.
Sd/JUDGE
LDC
List No.: 1 Sl No.: 35
1 issue framed by the court
Whether the High Court has jurisdiction under Article 227 to direct the trial court to dispose of proceedings in a time-bound manner.
M/s Puravankara Limited
1. SRI C ASHWATHNARAYANA
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
