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[Cites 3, Cited by 0]

Karnataka High Court

Dr.K.Soundararajan vs Dr.K.Sridharan on 20 August, 2013

Author: H.G.Ramesh

Bench: H.G.Ramesh

                               -1-
                                     W.P.Nos.17044 & 19575/2013


     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

         DATED THIS THE 20TH DAY OF AUGUST 2013

                           BEFORE

           THE HON'BLE MR. JUSTICE H.G.RAMESH

          W.P.Nos.17044 & 19575/2013 (GM-CPC)
BETWEEN:

DR.K.SOUNDARARAJAN
S/O LATE SRI KALYANASUNDARAM
AGED ABOUT 74 YEARS
RESIDING AT 1906, HEGDE WOOD DRIVE, BLOOMINGTOWN
ILLINOIS, 61704
USA
REP BY HIS POWER OF ATTORNEY HOLDER MR P JOHN DASS
AGED ABOUT 61 YEARS
S/O LATE SRI A PAPPU
RESIDNIG AT NO.487/1
CHAVARA CHURCH LANE
23RD CROSS, EJIPURA
BANGALORE-560 047                        ... PETITIONER

(BY SRI C M POONACHA FOR M/S LEXPLEXUS, ADVOCATES)

AND:

1.     DR.K.SRIDHARAN
       S/O LATE SRI KALYANSUNDARAM
       AGED ABOUT 50 YEARS
       RESIDING AT NO.43/3
       DAVIS ROAD
       RICHARDS TOWN
       BANGALORE-560 084

2.     DR K PADMAVATHY
       W/O SRI NARAYANASWAMY
       AGED ABOUT 73 YEARS
       RESIDING AT 16TH 'C' MAIN
       KORAMANGALA
       BANGALORE-560 034
                            -2-
                                 W.P.Nos.17044 & 19575/2013


3.   MR KRISHNAN KUMAR
     S/O LATE SRI KALYANSUNDARAM
     AGED ABOUT 52 YRS
     RESIDING AT NO.2112
     PERIWIKLE LANE
     NAPERVILLE. 91.60540
     USA

4.   MR GOPINATHAN
     S/O LATE SRI KALYANASUNDARAM
     AGED ABOUT 56 YEARS
     RESIDING AT NO.1502
     AUGUSTA DRIVE
     NORMAL, IL 61761 USA

5.   MRS KOUSALYA
     W/O RAJASHEKARAN
     AGED 58 YEARS
     RESIDING AT AUBURN ROAD 3135
     BLOOMINGTON, IL-61704

6.   MR MURALIDHARAN
     AGED ABOUT 59 YEARS
     RESIDING AT "KRISHNA KALYAN"
     KALYAN NAGAR, 1ST BLOCK
     BANGALORE-560 043

7.   K RAMAKRISHNAN
     S/O LATE SRI KLAYANSUNDRAM
     AGED ABOUT 69 YEARS
     RESIDING AT NO.207
     7TH B MAIN, 1ST BLOCK
     HRBR LAYOUT, BANASWADI
     BANGALORE-560 043                     ... RESPONDENTS

(BY SRI V.VIJAYASHEKARA GOWDA, ADVOCATE FOR R-7;
 R1-6 DISPENSED WITH V/O DTD.20.06.2013)

      THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED      5.12.2012  VIDE ANNEXURE-A     IN  O.S.
NO.4763/2010 BY THE XXV ADDITIONAL CITY CIVIL JUDGE,
BANGALORE AND ETC.,

     THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                               -3-
                                    W.P.Nos.17044 & 19575/2013


                         ORDER

H.G.RAMESH, J. (Oral):

Learned counsel appearing for the petitioner, after arguing the matter for some time, submits that the writ petitions may be disposed of by directing the trial court to dispose of the suit in O.S.No.4763/2010 expeditiously. He submits that the petitioner-plaintiff is a Senior Citizen aged 75 years and is residing in U.S.A. He further submits that the respondents-defendants are dragging on the matter by filing one or the other application or by seeking unnecessary adjournments.

2. It is not necessary to examine the correctness or otherwise of the aforesaid submission that the defendants are delaying the disposal of the suit. Suffice, if I direct the trial court to take all necessary steps to dispose of the suit within three months from the date of receipt of a copy of this order. Ordered accordingly. The trial court shall proceed in the suit on a day-today basis by strictly avoiding unnecessary adjournments. The petitioner shall furnish a copy of this order to the trial court to enable it to -4- W.P.Nos.17044 & 19575/2013 take all necessary steps to dispose of the suit within the time granted and without seeking for any extension of time.

Petitions disposed of.

Sd/-

JUDGE hkh.