Sri Venkataramanappa Vs Sri Venkateshappa

SMT PADMAVATHI D/O VENKATESHAPPA W/O M KRISHNAPPA AGE AOUT 39 EYARS R/A AVATHI VILLAGE, KASABA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT- 562164

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE LEARNED TRIAL JUDGE IN O.S. NO. 398/2013 ON THE FILE OF THE COURT OF THE SENIOR

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4 - NC: 2025:KHC:51782 WP No. 36778 of 2025

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HC-KAR

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CIVIL JUDGE. DEVANAHALLI, TO PROCEED WITH THE TRIAL EXPEDITIOUSLY AND TO CONCLUDE THE RECORDING OF THE PETITIONERS EVIDENCE AND THE CROSS-EXAMINATION WITHOUT GRANTING ANY ADJOURNMENTS TO THE RESPONDENT VIDE ANNEXURE-A., AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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Heard learned counsel for the petitioner.

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The present petition is filed by the petitioner/plaintiff in OS.No.398/2013 seeking the following reliefs:

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1. To issue a writ of mandamus or any other appropriate writ, order or direction directing the learned trial judge in O.S.No.398/2013 on the file of the Court of the Senior Civil Judge, Devanahalli, to proceed with the trial expeditiously and to conclude the recording of the petitioner's evidence and the cross-examination without granting any adjournments to the Respondent; vide Annexure-A.

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2. To direct the Respondent not to seek frivolous, repeated or unjustified adjournments and to cooperate with the progress of the trial

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5 -

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NC: 2025:KHC:51782 WP No. 36778 of 2025

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HC-KAR

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in O.S.No.398/2013 Annexure - A in the interest of justice;

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3. Pass any other order(s) deemed fit in the facts and circumstances of the case, in the interest of justice and equity.

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This Court does not find the need or necessity

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to issue notice to respondents who are defendants before the trial Court for the reason that the petitioner/plaintiff has made an innocuous prayer for expeditious disposal of the suit proceedings in OS No.398/2013.

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The suit is filed by the petitioner/plaintiff for the

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relief of declaration and other consequential reliefs. Defendants/respondents already filed a statement way back on 04.07.2014. The matter is posted for crossexamination of PW2 prior to 2015. However, defendants have been prolonging the matter and taking time with the intention to protract the proceedings. Presently, the suit is posted for cross-examination of PW2.

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It is the vehement contention of learned

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counsel for the petitioner/plaintiff that the defendants are

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6 - NC: 2025:KHC:51782 WP No. 36778 of 2025

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HC-KAR

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unnecessarily prolonging and protracting the proceedings. Therefore, he has filed this petition seeking a direction to the learned trial judge to dispose of the original suit in an expeditious manner.

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I am in agreement with the learned counsel for the petitioner/plaintiff that the suit being of the year 2013 ought to have been disposed of by now. It has been more than 12 years since the suit is pending. The matter was posted for cross-examination of PW1 in the year 2015. The defendant has successfully protracted the proceedings till now. The same cannot be allowed, as the trial Court will have to go on with the matter on a day-to-day basis to see that the trial proceeds in a faster pace rather than merely granting adjournment at the whims and fancies of defendants. Under the circumstances, considering the fact that the suit is of the year 2013, I pass the following order.

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