Karnataka High Court
M/S Puravankara Limited vs Sri C Ashwathnarayana on 7 August, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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WP No. 6560 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 6560 OF 2023 (GM-CPC)
BETWEEN:
M/S PURAVANKARA LIMITED
A COMPANY REGISTERED INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT 1965
HAVING ITS REGISTERED OFFICE AT NO.8, USLOOR
ROAD
BANGALORE-560042
REPRESENTED BY ITS AUTHORIZED SIGNATORY
SRI KEERHI B M
...PETITIONER
(BY SRI. JOSEPH ANTHONY.,ADVOCATE)
AND:
Digitally signed by 1. SRI C ASHWATHNARAYANA
GURURAJ D S/O LATE CHIKKAPPAIAH
Location: High AGED ABOUT 69 YEARS
Court of Karnataka R/A SULEBELE ROAD
DEVANAHALLI TOWN
BENGALURU RURAL DISTRICT
2. SRI K P RAMAIAH
S/O PAPAIAH
R/O UGANVADI VILLAGE
KASABA HOBLI
DEVANAHALLI
BENGALURU RURAL-562110
SINCE DEAD REPRESENTED BY HIS LRS
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WP No. 6560 of 2023
3. SRI MUNIRAJA
S/O LATE RAMAIAH
AGED MAJOR
R/A UGANAVADI VILLAGE
KASABA HOBLI
DEVANAHALLI
BENGALURU RURAL DISTRICT-562110
4. MANJULA
W/O R MUNIANJINAPPA
AGED ABOUT 34 YEARS
R/A UGANAWADI VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-562110
5. SMT LEELA
D/O R MUNIANJINAPPA
AGED ABOUT 28 YEARS
R/A UGANAWADI VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-562110
6. KUM ASHA
D/O R MUNIANJINAPPA
AGED ABOUT 24 YEARS
R/A UGANAWADI VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-562110
7. KUM KAVYA
D/O R MUNIANJINAPPA
AGED ABOUT 24 YEARS
R/A UGANAWADI VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-562110
8. KUM GOWTAMI
D/O R MUNIANJINAPPA
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WP No. 6560 of 2023
AGED ABOUT 22 YEARS
R/A UGANAWADI VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-562110
9. KUM LATHA
D/O R MUNIANJINAPPA
AGED ABOUT 21 YEARS
R/A UGANAWADI VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-562110
10. KUM SUJANA
D/O R MUNIANJINAPPA
AGED ABOUT 19 YEARS
R/A UGANAWADI VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-562110
11. SRI M THIPPAIAH
S/O G MUNIYAPPA
AGED ABOUT 60 YEARS
R/A BHUVANAHALLI VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-561203
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TODIRECTION TO THE
LD.TRAIL COURT TO DISPOSE THE PROCEEDING IN OS
NO.879/2007 (ANNEXURE-C) IN A TIME BOUND MANNER.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 6560 of 2023
ORDER
The petitioner defendant No.9 in O.S.879/2007 on the file of Senior Civil Judge, Devanahalli is before this Court praying for a direction to the Trial Court to dispose of proceedings in a time bound manner. Learned counsel Prajwal B.M. who appeared for petitioner would submit that the petitioner defendant No.9 was impleaded as defendant No.9 in the above stated suit on 09.08.2021 and there after in September-2022 the petitioner defendant No.9 filed written statement.
2. The learned counsel would submit that the trial in the suit is yet to commence. The plaintiffs are protracting the proceedings without filing an affidavit evidence.
3. The suit is one for judgment and decree for specific performance of contact and for directing defendants to execute the sale deed in favour of the plaintiffs. Admittedly the suit is set down for plaintiff evidence. Plaintiff is yet to file his affidavit evidence. No -5- NC: 2023:KHC:27642 WP No. 6560 of 2023 suit could be disposed on merits unless the parties to the proceedings cooperate with the Court. Since the suit is of the order 2007, the Trial Court to Endeavour to dispose of the suit in an expeditious manner with the cooperation of the parties to the proceedings. With the above the petition stands disposed off.
Sd/-
JUDGE LDC List No.: 1 Sl No.: 35