Karnataka High Court
M/S Gnanajyothi Public Charitable ... vs Smt B S Lalitha on 12 June, 2017
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
W.P.NO.51990/2015 (GM-CPC)
BETWEEN:
M/S GNANAJYOTHI PUBLIC
CHARITABLE TRUST
A REGISTERED TRUST
FORMED UNDER TRUST DEED
OF ITS TRUSTEES BY CHAIRMAN
OF BOARD OF TRUSTEES
NO 26/A, 3RD CROSS, JUDICIAL
OFFICERS LAYOUT, SANJAYA NAGAR,
R M V II STAGE, BENGALURU - 560094
BY ITS TRUSTEE SRI JAGADISH T
... PETITIONER
(BY SRI. RAMESH P KULKARNI, ADV.)
AND:
1. SMT B S LALITHA
D/O LATE SRI M G SATYANARAYANA
& W/O SRI K VENKATESH,
HINDU, AGED 61 YEARS
R/O NO.324, RENUKADEVI NILAYA,
1ST MAIN, B NARAYANAPURA,
WHITEFIELD ROAD, DOORAVANI
NAGAR POST, BENGALURU - 560016
2. SMT B S USHA
D/O LATE SRI M G SATYANARAYANA
& W/O SRI E VENKATESH
HINDU AGED 56 YEAR
R/O NO 2152/1, 'D' BLOCK,
SAHAKARA NAGAR,
BENGALURU - 560092
2
3. SMT B S VANDANA
D/O LATE SRI M G SATYANARAYANA
& W/O SRI N MANJUNATHA,
HINDU, AGED 54 YEARS,
R/O NO 495, 5TH CROSS,
M S RAMAIAH NAGAR,
BENGALURU - 560054
4. SMT B S GAYATHRI
D/O LATE SRI M G SATYANARAYANA,
HINDU, AGED 60 YEARS,
RESIDING AT NO 26/A,
3RD CROSS, JUDICIAL OFFICERS
LAYOUT, SANJAYA NAGAR,
R M V II STAGE, BENGALURU - 560094
5. SRI B S KUMAR
S /O LATE SRI M G SATYANARAYANA
HINDU, AGED 66 YEARS,
RESIDING AT NO 26/A, 3RD CROSS,
JUDICIAL OFFICERS LAYOUT,
SANJAYA NAGAR,
R M V II STAGE,
BENGALURU - 560094
6. SRI B S HARIPRASAD
S /O LATE SRI M G SATYANARAYANA
HINDU, AGED 64 YEARS
RESIDING AT NO.26/A,
3RD CROSS JUDICIAL OFFICERS
LAYOUT, SANJAYA NAGAR,
R M V II STAGE,
BENGALURU - 560094
7. SMT DHANALAKSHMI
W/O B S KUMAR
HINDU MAJOR
RESIDING AT NO 26/A,
3RD CROSS, JUDICIAL OFFICERS
LAYOUT, SANJAYA NAGAR,
R M V II STAGE,
BENGALURU - 560094
3
8. SMT RAJESHWARI
W/O B S HARI PRASAD
HINDU MAJOR
RESIDING AT NO 26/A,
3RD CROSS JUDICIAL OFFICERS
LAYOUT, SANJAYA NAGAR,
R M V II STAGE,
BENGALURU - 560094
9. SRI B S KARTHIK
S/O B S KUMAR
HINDU, AGE 26 YEARS
RESIDING AT NO 26/A,
3RD CROSS JUDICIAL OFFICERS
LAYOUT, SANJAYA NAGAR,
R M V II STAGE,
BENGALURU - 560094
10. SRI B S VIVEK
S/O B S KUMAR
HINDU AGE 24 YEARS
RESIDING AT NO 26/A,
3RD CROSS JUDICIAL OFFICERS
LAYOUT, SANJAYA NAGAR,
R M V II STAGE,
BENGALURU - 560094
11. SRI NAVEEN KUMAR
S/O B S KUMAR
HINDU, AGE 32 YEARS
RESIDING AT NO 26/A,
3RD CROSS JUDICIAL OFFICERS
LAYOUT, SANJAYA NAGAR,
R M V II STAGE,
BENGALURU - 560094
... RESPONDENTS
(BY SRI. S PRABHAKAR RAO, ADV. FOR R1-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE ADDITIONAL CITY CIVIL JUDGE, BANGALORE TO
DISPOSE OF THE SUIT O.S. NO. 2227/2009 VIDE ANN-F,
4
EXPEDITIOUSLY WITHIN A FIXED TIME FRAME OF SIX
MONTHS OR ANY OTHER PERIOD.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.Ramesh P. Kulkarni, learned counsel appearing for petitioner and Sri.R.B.Sadashivappa, learned counsel appearing for respondent Nos.5 and 6. Though respondent Nos.1 to 4, 8 & 11 and 7, 9 and 10 are served and represented, none appears.
2. The only prayer which has been sought for by the petitioner in this writ petition is to direct the jurisdictional Court to dispose of the suit O.S.No.2227/2009 within a time frame. It is the grievance of the petitioner that witnesses to the Will, which has been propounded by petitioner (4th defendant), are senior citizens and they are suffering from age related ailments and as such, an application had been filed before the trial Court under Order XVIII Rule 16 CPC seeking leave of the Court to examine the witnesses to the Will before examination of P.W.1 or any 5 other witnesses are examined, so that vital evidence available to the petitioner/4th defendant is not lost and said application having been allowed, yet trial Court did not permit the petitioner to tender the evidence of said witnesses and as such, it is prayed for suit being directed to be disposed of in a timeframe. This fact is not seriously disputed by Sri.R.B.Sadashivappa, learned counsel appearing for the respondents.
3. In this factual background, it would suffice if a direction is issued to the trial Court to permit the petitioner to examine the witnesses to the Wills dated 28.12.2008 and 29.12.2008 said to have been propounded by the petitioner and if such request is made, trial Court shall forthwith grant opportunity to writ petitioner/4th defendant to examine the witnesses and/or the scribe of these two Wills only, as already ordered by it while disposing of the application filed under Order XVIII Rule 16 CPC.
4. Since suit is of the year 2009, it is needless to state that trial Court shall be guided by the 6 Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005, and shall follow the same and suit shall also be disposed of expeditiously. Accordingly, writ petition stands disposed of.
5. In view of writ petition having been disposed of, I.A.No.1/17 does not survive for consideration and same stands rejected.
SD/-
JUDGE DR