Dr. M Prasad Reddy vs Sri M Vinod
2023 Latest Caselaw 4081 Kant

Citation : 2023 Latest Caselaw 4081 Kant
Judgement Date : 6 July, 2023

Karnataka High Court

Dr. M Prasad Reddy vs Sri M Vinod on 6 July, 2023

Bench: S.R.Krishna Kumar

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                                                  NC: 2023:KHC:23383
                                                     WP No. 10595 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 6TH DAY OF JULY, 2023

                                       BEFORE
                      THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                        WRIT PETITION NO.10595 OF 2023 (GM-CPC)
               BETWEEN:
               DR. M PRASAD REDDY
               SINCE DEAD BY LRS DR. HEMALATHA
               S/O M MUNI REDDY,
               1.   DR. HEMALATHA
                    W/O DR. M PRASAD REDDY
                    AGED ABOUT 65 YEARS,
                    R/AT NO.3-1158, YMR COLONY,
                    PRODDATUR, Y.S R.KADAPA DISTRICT
                    ANDHRA PRADESH 516 360.

               2.   DR. M NEETHA PRASAD
                    D/O DR. M PRASAD REDDY
                    W/O DR. VISWASWARA REDDY,
                    AGED ABOUT 39 YEARS,
                    R/AT NO.3-1158, YMR COLONY,
                    PRODDATUR, Y.S.R.KADAPA DISTRICT
                    ANDHRA PRADESH 516 360.
Digitally
signed by      3.   DR. NITHYA PRASAD M.
VANDANA S           D/O DR. M PRASAD REDDY
Location:           W/O A SRIKANTHA REDDY
High Court          AGED ABOUT 32 YEARS,
of Karnataka        R/AT NO.3-1158, YMR COLONY,
                    PRODDATUR, Y.S.R. KADAPA DISTRICT
                    ANDHRA PRADESH 516 360

                    PETITIONER NOS.2 AND 3
                    ARE REPRESENTED BY
                    THEIR MOTHER AND GPA HOLDER
                    SMT. HEMALATHA
                                                            ...PETITIONERS
               (BY SRI. ERAPPA REDDY M., ADVOCATE)
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                                        NC: 2023:KHC:23383
                                          WP No. 10595 of 2023




AND:

1.   SRI M VINOD
     S/O MUKUNDA RAO
     AGED ABOUT 34 YEARS,
     NO.337, 38TH CROSS,
     9TH BLOCK, JAYANAGARA
     BENGLAURU - 560 092.

2.   SRI. D AMBROSE
     S/O MR. DAVID,
     AGED ABOUT 37 YEARS,
     R/AT NO.1372/C
     32nd 'E' CROSS, 4th BLOCK,
     JAYANAGARA
     BENGALURU 560 041.
                                                ...RESPONDENTS
(BY SRI. NAVEED AHMED, ADVOCATE)

     THIS W.P IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
PASSED BY THE XXVIII ADDL. CITY CIVIL & SESSIONS JUDGE,
MAYOHALL, BENGALURU (CCH-29) IN O.S.NO.25008/2019 ON I.A.
U/S 151 OF CODE OF CIVIL PROCEDURE ON 06.04.2023 AS PER
ANNEXURE-R AND TO DIRECT THE TRIAL COURT TO POUNCE
THE JUDGMENT IN THE SUIT.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
                             ORDER

This petition is directed against the impugned order dated

06.04.2023 passed in O.S.No.25008/2019 by the XXVIII Addl. City

Civil & Sessions Judge, Mayo Hall, Bengaluru.

2. Heard learned counsel for the petitioners and learned

counsel for the respondents and perused the material on record.

NC: 2023:KHC:23383 WP No. 10595 of 2023

3. After arguing the matter for sometime, learned counsel

for the petitioners invites my attention to the interim order passed

by this Court in the earlier petition in W.P.No.16614/2022 wherein

this Court on 31.01.2023 has held as under:

ODERS ON I.A.No.1/2022 Mr. Naveed Ahmed and Mr. M.Erappa Reddy, the learned counsels for the parties, are heard.

This application is filed for enlargement of time allowed to pay arrears of admitted rents by this Court in the order on 31.10.2022 by a further period of 8 [eight] weeks. It is submitted that the petitioners have paid a sum of Rs.15,00,000/- on 28.11.2022 with leave of the civil Court after this Court's order dated 31.10.2022, and the remaining amount of about Rs.21,00,000/- (Mr. M.Erappa Reddy, the learned counsel for the respondents submits that the arrears would be in a sum of Rs.23,44,000/-) will be paid within the next eight [8] weeks.

However when queried, Sri. Naveed Ahmed, the learned counsel for the petitioners, submits that this Court could consider granting reasonable time to pay the arrears of Rs.21,00,000/- [or further amount as may be justifiably claimed by the respondents], and Mr. Naveed Ahmed further submits that the civil Court could be called upon to dispose of the suit on merits expeditiously within a timeframe in view of the fact that the respondents have completed their evidence and the suit is now listed for cross examination of the petitione''s witness.

Sri. M.Erappa Reddy submits that this Court could consider the request in the light of the aforesaid submissions and pass appropriate orders.

On a careful consideration of the circumstances, the application (I.A.No.1/2022) stands disposed of enlarging the time

NC: 2023:KHC:23383 WP No. 10595 of 2023

granted to the petitioners to pay their admitted rental arrears on or before 28.02.2023, and the civil Court is called upon to decide the suit on merits on or before 20.04.2023.

4. It is submitted that even after disposal of the said

petition on 31.10.2022, the main suit is posted on 05.12.2023 and

directions may be issued to the trial Court to dispose of the suit as

expeditiously as possible.

5. In view of the aforesaid facts and circumstances and

the earlier order passed by this Court directing disposal of the suit

on or before 20.04.2023, I deem it just and appropriate to direct the

trial Court to prepone / advance the case from 05.12.2023 to any

convenient date during the week commencing from 24.07.2023 and

notify all parties and dispose of the suit as expeditiously as

possible and preferably within a period of three months from that

date.