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THE HIGH COURT OF KARNATAKA
MR. PRADEEP SINGH YERUR, J
SRI MUNIYAPPA REDDY – Appellant
Versus
SMT. M. SUBBAMMA – Respondent
WRIT PETITION NO. 28880 OF 2025 (GM-CPC)
| Table of Content |
|---|
| 1. details of the parties and their representation. (Para 1) |
| 2. petitioner's request for expeditious proceedings. (Para 2 , 3 , 5 , 6) |
| 3. court's considerations on the age and delay in proceedings. (Para 4 , 7 , 8) |
| 4. order for expedited disposal of the suit. (Para 9) |
ORAL ORDER
Heard Smt.Lakshmy Iyengar, learned Senior Counsel appearing on behalf of Sri Akash V.T. for petitioner.
2. This petition is filed by the petitioner-defendant No.6 seeking a writ of certiorari to quash the order dated 30.09.2024 passed on IA.No.7/2024 in O.S.No.4233/2011 by XV Additional City Civil and Sessions Judge, Bengaluru and a writ of mandamus for a direction to XV Additional City Civil and Sessions Judge, Bengaluru to dispose of the suit in O.S.No.4233/2011 as expeditiously as possible.
3. During the course of the arguments, learned Senior Counsel for petitioner submits that she will not press the claim made in prayer 'A' and would be satisfied, if prayer 'B' of the writ petition is considered.
4. Her submission is placed on record.
5. It is her further submission that the petitioner is aged more than 80 years; the suit is filed for partition by respondent Nos.1 and 2-plaintiffs. During the pendency of the suit, IA.No.7/2024 has been filed to implead the proposed defendant Nos.54-60.
6. It is the grievance of the learned Senior Counsel for petitioner that respondent Nos.1 and 2-plaintiffs are protracting the proceedings before the trial Court and in view of the age of the petitioner, he is interested in seeing the outcome of the suit during his lifetime.
7. Admittedly, the suit is of the year 2011, issues are framed and parties have adduced their evidence.
8. Considering the fact that the suit is of the year 2011 and the petitioner being aged more than 80 years, this Court deems it appropriate to direct the trial Court to dispose of the matter on priority basis.
9. Accordingly, I pass the following:
ORDER
i. This petition is allowed-in-part
ii. XV Additional City Civil and Sessions Judge, Bengaluru, is hereby directed to dispose of the suit in O.S.No.4233/2011 pending before it, expeditiously;
iii. It is made clear that this Court has not expressed any opinion on the merits of the matter.
Ordered accordingly.
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