Smt Kanakamma v. Smt Vishalakshmi @ Divya Shalini
Case brief
What is this about?
NC: 2026:KHC:10954. Article 227 writ petition (GM-CPC) by the fifth defendant seeking a writ of mandamus for expeditious disposal of partition suit O.S. No.2194/2006 (III Addl. Senior Civil Judge, Bengaluru), instituted 13.09.2006, pending nearly twenty years with service of summons incomplete; notice to respondents dispensed with; the Court overcame its ordinary reluctance to fix timelines and directed disposal within twenty months, stressing completion of all trial stages. Themes: judicial directions for stale suits; delay and inaction in service of summons; time-bound trial; petitioner's counsel contended the suit was frivolous and harassed elderly defendants, submissions the Court found not acceptable in their entirety.
What did the court decide?
Direction to the III Addl. Senior Civil Judge, Bengaluru, to dispose of O.S. No.2194/2006 within a period of twenty months from the date of receipt of a copy of the order, with the Trial Court to take all necessary steps to ensure the effective and expeditious completion of all stages of the trial at the earliest; notice to respondents dispensed with in view of the limited prayer.