Karnataka High Court
Sri. Vishwanath vs Sri. M. Thimme Gowda on 4 April, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:13787
WP No. 7721 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 7721 OF 2024 (GM-CPC)
BETWEEN:
SRI. VISHWANATH,
AGED 73 YEARS,
SENIOR CITIZEN BENEFIT NOT CLAIMED
S/O LATE KEERTHI SHEHA MUNISWAMY
RESIDING AT NO.248,
KANCHUGARANAHALLI,
BIDADI HOBLI, KANAKAPURA TALUK,
RAMANAGARA DISTRICT.
...PETITIONER
(BY SRI: CHANDRASHEKAR .L., ADVOCATE)
Digitally signed
by SRIDEVI S AND:
Location: high 1. SRI. M. THIMME GOWDA
court of
karnataka AGED 76 YEARS,
S/O LATE MUTHE GOWDA
RESIDING AT NO.65,
VANI VILAS ROAD,
BASAVANAGUDI,
BENGALURU - 560 004.
2. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
NO.39, SHANTHI GRUHA,
BHARAT SCOUNTS AND GUIDES BUILDING,
4TH FLOOR, PALACE ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI: VIVEKANANDA .N., ADVOCATE R1
SRI: P.V. CHANDRASHEKAR ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO I) QUASH THE ORDER DATED
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NC: 2024:KHC:13787
WP No. 7721 of 2024
24/05/2023 PASSED ON IA NO. 1, MA NO. 12/2023, BY THE III
ADDL. DISTRICT AND SESSIONS JUDGE, AT RAMANAGARA,
PRODUCED AT ANNEXURE-A AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT PASSED THE FOLLOWING:
ORDER
In this petition, petitioner seeks following reliefs:
i) Issue a writ of certiorari quashing the order
dated: 24/05/2023, passed on IA No.1, in
M.A.No.12/2023, by the III Additional District
and Sessions Judge at Ramanagara, produced at
Annexure-A.
ii) Issue a writ of mandamus or any other writ
directing the lower appellate court and Trial
Court to dispose of the Appeal in
M.A.No.12/2023 pending before III Additional
District and Sessions Judge at Ramanagara and
O.S.No. 460/2022 pending before Additional
Senior Civil Judge at Ramanagara within time
bound period,
iii) Issue such other writ or writs or pass any such
order or orders as this Hon'ble Court may deem
fit under the facts and circumstances of the case,
in the interest of justice and equity.
NC: 2024:KHC:13787
2. After arguing the matter for sometime, learned
counsel for the petitioner submits that in M.A. No.12 of
2023 before the First Appellate Court, I.A.No.1 was
allowed on 24.05.2023. Hence, the present petition may
be disposed of directing the First Appellate Court to
dispose the aforesaid appeal on merits within a stipulated
time frame.
3. However, in light of the judgment of the Hon'ble
Apex Court in the case of High Court Bar Association,
Allahabad Vs. State of Uttar Pradesh & Ors in Criminal
Appeal No. 3589 of 2023 dated 29.02.2024, I deem it
appropriate to dispose of this petition, directing the First
Appellate Court to dispose of M.A.No.12 of 2023 as
expeditiously as possible.
Liberty is reserved in favour of appellant / petitioner to
seek preponement of the matter before the First Appellate
Court for expeditious disposal of the case.
NC: 2024:KHC:13787
Parties are directed to co-operate with the First
Appellate Court for expeditious disposal of the case.
Sd/-
JUDGE
SPV
