IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JUNE 2019

BEFORE

THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT

WRIT PETITION NO.11327/2019 (GM-CPC)

BETWEEN

SMT PARVATHI RAMKRISHNA,

W/O RAMKRISHNAIAH,

AGED ABOUT 54 YEARS,

RESIDING AT NO.4577, RK CORNER,

HARIHARA HAKKABUKKA DOUBLE ROAD,

2^ND STAGE VIJAYANAGARA,

DEVARAJAMOHALLA,

MYSORE-570 017.

... PETITIONER

(BY SRI ABHISHEK.M.R, ADVOCATE)

AND

SMT KENCHAMMA,

SINCE DEAD BY LR’S

1.

SRI MAHANTHESHAPPA.M,

S/O. MUDDUVEERAPPA,

AGED ABOUT 58 YEARS,

2.

SRI VEERAPPA.M,

S/O. MUDDUVEERAPPA,

AGED ABOUT 63 YEARS,

C/O. MAHATHESHAPPA.M,

BOTH RESIDING AT 2291, 3^RD CROSS,

VIJAYANAGARA 2^ND STAGE,

MYSORE – 570 017.

... RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

ONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE 4^TH

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ADDITIONAL FIRST CIVIL JUDGE (JR) AND JMFC, MYSORE FOR

SPEEDY DISPOSAL FO THE SUIT IN O.S NO.626/2014.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The short grievance of the petitioner/plaintiff in the

ejectment suit in O.S No.626/2014 is against the proceedings

being kept pending indefinitely even after the same is

matured for trial and disposal. The learned counsel for the

petitioner in support of his claim for redressal of his grievance

reads out the observation of a Co-ordinate Bench of this

Court in the earlier round of litigation i.e., defendants’

W.P Nos.7759-7760/2019 is disposed off vide judgment dated

19.02.2019 which reads as under:

“4. It is discernable from the material

available on record that the matter was posted for

judgment on several occasions and the petitioners

are filing multiple applications successively without

any valid grounds. What can be inferred from the

conduct of the petitioners is that dilatory tactics are

adopted by the petitioners to procrastinate the

matter. It is noticed that the present applications

are filed to recall PW-1 for cross examination and

reopening the case subsequent to the conclusion of

the arguments. Such action of the petitioners

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cannot be encouraged and rightly the Trial Court

has rejected the same. No jurisdictional error is

found in the order impugned.”

2.

This petition being for an innocuous prayer is

disposed off with a direction to the Trial Court to try and

dispose off the suit within an outer limit of nine months and

report compliance to the Registrar General of this Court.

Registry is directed to send a copy of this judgment to

the learned Trial Judge by speed post, forthwith.

Sd/-

JUDGE

KA/HB