THIS CIVIL PETITION UNDER SECTION 24 OF THE CPC,1908, PRAYING TO A. ALLOW THE PETITION AND B. THEREBY TRANSFER O.S NO. 227/2011 PENDING ON THE FILE OF LEARNED ADDITIONAL CIVIL JUDGE AND JMFC AT DODDABALLAPURA TO ANY ONE OF THE CIVIL JUDGE COURTS AT BENGALURU RURAL DISTRICT SITUATED AT (CITY CIVIL COURT COMPLEX AT BENGALURU).

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard learned counsel for the petitioner.

2. Since this matter is being disposed at the preliminary stage itself, I do not find any need to issue notice to the respondent. Hence, notice is dispensed, so also on the ground that no adverse orders are passed as against the respondents.

3. The petitioner herein is none other than the plaintiff before the trial court in O.S No.227/2011 before the Additional Civil Judge and JMFC at Doddaballapura.

4. The suit came to be filed by the plaintiff for permanent injunction not to dispose the plaintiff from the suits schedule properties and to restrain the defendants or their agents or henchmen from dispossessing the plaintiff and consequently to restrain the defendants from causing damage to the suit schedule properties and such other order.

5. It is the contention of plaintiff that pursuant to the filing of the suit in the year 2011 more specifically, on 05.11.2011, the respondents defendants have been dragging on the proceedings one way or the other and the trial court is also not disposing of the matter expeditiously despite more than a decade has been passed from the date of filing the suit.

6. It is the contention of the petitioner that he has already adduced evidence and the matter was posted for cross-examination of PW1 on 28.09.2018, despite which, the defendants have been successful in dragging on the matter from 20.09.2018 to 15.202.2022 on which date the trial court has taken the cross-examination of plaintiff as nil as the defendants did not cross-examine PW1 and posted the matter for further evidence of plaintiff.

7. It is seen that for almost four years, the case has not moved from in the stage of cross-examination of PW1 and defendants are not bothered to cross-examine and neither the Trial Court has taken any steps to proceed further.

8. Today, we are in the month of March 2023 and the stage of the case is still further evidence of plaintiff. Considering the fact that the evidence of PW1 is taken as nil and the defendants have not cross-examined PW1 and neither have they lead evidence, it appears that the case of the plaintiff is not going to see the light of the day in the near future. Admittedly, suit of the plaintiff is for bare injunction. The trial court is not going to decide the suit on the basis of title. Except for the relief of injuction which should not take much time for the trial court to decide the matter and put the parties to terms in adducing the evidence and to conclude the proceedings.

9. Under the circumstances as could be seen from any angle it is apparent on the face of the record that the trial court has not been insisting on the parties to adduce the evidence and proceed to dispose of the matter expeditiously as the adage goes, justice delayed is justice denied. Whatever may be the outcome of the proceedings, it is the bounden duty of the Trial Court to dispose of the matter as expeditiously as possible in case on hand where it is filed only for permanent injunction and should not take much time for the trial court to decide the matter on merits. Without adverting to the merits of the matter, I deem it appropriate to dispose of this petition directing the Trial Court Judge to dispose of the matter expeditiously.

10. The grounds urged by the petitioner seeking transfer of the petition to any other Court at Bengaluru is not sustainable. I am not inclined to accept the arguments on the grounds urged by the petitioner to transfer the matter to any other court, as the same is frivolous and does not contain any material cogent to convince or satisfy thi