2024:KHC:10557 WP No. 5038 of 2024 IN THE…
Trial court directed to dispose of OS No. 2363/2023 within one year from receipt of copy of order; order declared non-precedential.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5038 OF 2024 (GM-CPC)
BETWEEN:
DAKSHAYENI A.N. W/O LATE DR. O. GANESH AGED ABOUT 77 YEARS R/AT 2003, WICKFORD COURT BLOOMFILED HILLS MICHINGAN 48304, USA.
…PETITIONER
(BY SRI. AMITH ANAND DESHPANDE, ADV. FOR SRI. MOHAN KUMAR M.,ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
RMV EXTENSION, SADASHIVANGAR BENGALURU 560 080.
…RESPONDENTS
(BY SRI. VIKAS S. ACHARYA., ADVOCATE FOR R1 NOTICE TO R2 TO R4 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE VI ADDL. CITY CIVIL AND SESSIONS JUDGE CCH-11 IN OS NO. 2363/2023 FOR DECIDING THE SAID SUIT WITHIN A PERIOD OF 6 MONTHS AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
for a direction to the trial Court for expeditious disposal of the suit within a stipulated time frame.
2. Learned counsel for petitioner submits that while it is true that no directions can be issued by this Court for disposal of a suit by the trial Court as held by the Hon’ble Apex Court in the case of High Court Bar Association, Allahabad Vs. State of Uttar Pradesh and others , Crl.A. No. 3582/2023 dated 29.02.2023, present case is one of those exceptional/rare case which warrant issuance of such directions to the trial Court. In this context,
learned counsel for petitioner submits that the petitioner is aged about 77 years, is a citizen of USA, on account of her old age and ill-health and the aforesaid suit is for possession and other reliefs filed by the petitioner, if necessary directions are not issued to the trial Court for expeditious disposal, the petitioner would be put to irreparable injury and hardship and justice would suffer.
Sd/JUDGE
LRS List No.: 1 Sl No.: 16
1 issue framed by the court
Whether the High Court can direct the trial court to dispose of a pending suit within a stipulated time frame despite the bar against mandamus directions for expeditious disposal.
Colour shows how this judgement treated each authority
High Court Bar Association, Allahabad Vs. State of Uttar Pradesh and othersReferred¶2
Crl.A. No. 3582/2023 dated 29.02.2023
2 provisions across 1 enactments
Dakshayeni A.N.
Mohan R
H.V. Shivaswamy
Smt. Snehalatha Shivaswamy
Ramakant Syasmpur
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
