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2025 DAILYLAW 14233 (KAR)

SUNEEL SIVARAMA PILLAI v. SRI NEENA GHAI

WP/2131/2025 · 2025-01-30

Anant Ramanath Hegde

Public Interest Litigationbody2025

Judgment text

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- 1 - NC: 2025:KHC:4261 WP No. 2131 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 2131 OF 2025 (HRC) BETWEEN: SUNEEL SIVARAMA PILLAI, S/O LATE SHRI NEELAKANDAN SIVARAMA PILLAI, AGED ABOUT 43 YEARS, RESIDING AT NO.43, ANNAYAPPA GARDEN, 9TH CROSS, 6TH MAIN, NEW THIPPASANDRA, BENGALURU - 560 075. …PETITIONER (BY SRI. BHARGAVA D. BHAT, ADVOCATE) AND: 1. SRI. NEENA GHAI AGED ABOUT 77 YEARS, SHOP NO.4, GROUND FLOOR, PROPERTY NO. 1492/702, (NEW NO. 6), 6TH MAIN, NEW THIPPASANDRA, BBMP WARD NO.74, BENGALURU - 560 075. 2. SRI. SUBHASH GHAI, AGED ABOUT 73 YEARS, SHOP NO.4, GROUND FLOOR, PROPERTY NO. 1492/702 (NEW NO. 6), 6TH MAIN, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4261 WP No. 2131 of 2025 NEW THIPPASANDRA, BBMP WARD NO.74, BENGALURU - 560 075. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, DIRECTION, OR ORDER REQUIRING THE LEARNED SMALL CAUSES JUDGE TO HEAR AND DISPOSE OF HRC NO. 35/2019 WITHIN A TIME BOUND MANNER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard learned counsel for the petitioner. 2. This petition is filed seeking a suitable direction to the Small Causes Court to hear and dispose of HRC No.35/2019 within a time bound manner. The petitioner has annexed the documents to prima facie establish that the petition is filed in the year 2019. The petitioner's evidence is recorded in the year 2022. The evidence of respondents is yet to commence. It is noticed that interim applications are filed by the respondents and thereafter, - 3 - NC: 2025:KHC:4261 WP No. 2131 of 2025 there is no progress in the case and the matter is not yet finally decided. 3. Learned counsel for the petitioner also brought to the notice of this Court, the judgment of the Hon'ble Apex Court in the case of Hameed Kunju vs. Nazim reported in (2017) 8 SCC 611, wherein, the Hon'ble Apex Court has said that object of the Karnataka Rent Act, 1999 is to ensure speedy disposal of eviction cases between the landlord and tenant. Keeping in mind the aforementioned observations, the following direction is issued. 4. This Court is of the view that if a direction is issued to expedite the matter, same may not cause any prejudice to the respondents. Under these circumstances, the writ petition is disposed of. 5. The trial Court is directed to hear and conclude the proceedings as expeditiously as possible. Since this Court is passing this order without notice to respondents, liberty is reserved to the respondents to move this matter, in case the respondents are aggrieved by the order. - 4 - NC: 2025:KHC:4261 WP No. 2131 of 2025 6. It is made clear that this Court has not expressed anything on the merits of the claim of both the parties. Sd/- (ANANT RAMANATH HEGDE) JUDGE MH/- List No.: 1 Sl No.: 27 CT: BHK