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2025 DAILYLAW 39981 (KAR)

THE MYSORE DIOCESAN SOCIETY v. SRI M A SANATH KUMAR

WP/20642/2025 · 2025-11-04

Pradeep Singh Yerur

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:44542 WP No. 20642 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 20642 OF 2025 (GM-CPC) BETWEEN: THE MYSORE DIOCESAN SOCIETY (REGISTERED UNDER THE MYSORE SOCIETIES REGISTRARTION ACT 1960 (MYSORE ACT NO.17 OF 1960) NO.2939, MOTHER THERESA ROAD B.N.ROAD, MYSORE - 570 015. REPRESENTED BY ITS SECRETARY SEBASTIAN ALEXANDER. …PETITIONER (BY DR.AMIT ANAND DESHPANDE, ADVOCATE) AND: SRI M.A. SANATH KUMAR AGED ABOUT 32 YEARS S/O. M. V. AJIT KUMAR RESIDING AT NO.2744/1-A, D-16 3RD MAIN, V.V.MOHALLA MYSORE - 570 002. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU IN COM.O.S.NO.148/2021 WITHIN A PERIOD OF THREE MONTHS AT ANNEXURE-D AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44542 WP No. 20642 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner-plaintiff. 2. This petition is filed by the petitioner-plaintiff seeking for the following relief: "Therefore, this Hon'ble Court may be pleased to allow this Writ Petition by: 1) This writ petition is filed seeking time bound direction to 2nd Additional District and Sessions Judge at Mysuru, in Com.OS No.148/2021 within a period of 3 months is at Annexure-D. 2) To issue such other directions or pass such other orders as deemed fit in the peculiar facts and circumstances of the case." 3. This Court does not find any need or necessity to issue notice to the respondent, as no relief is sought against him and so also no adverse order is passed against him. The only relief that is sought in the present writ petition is to direct II Additional District and Sessions - 3 - HC-KAR NC: 2025:KHC:44542 WP No. 20642 of 2025 Judge, Mysuru to dispose of the suit in O.S. No.148/2021 within a period of three months. 4. Learned counsel for petitioner-plaintiff contended that the trial Court has not yet disposed of the suit and also the respondent is deliberately prolonging and protracting the proceedings. Therefore, the trial Court may be directed to dispose of the suit as expeditiously as possible. 5. Considering the fact that the suit is of the year 2021 pending before the Commercial Court, this Court is inclined to direct the trial Court to expedite the matter in accordance with law. 6. Accordingly, I pass the following: ORDER i. This petition is allowed; ii. The Presiding Officer, Commercial Court and II Additional District and Sessions Judge, Kunigal, is hereby directed to dispose of the - 4 - HC-KAR NC: 2025:KHC:44542 WP No. 20642 of 2025 suit in O.S.No.148/2021 within a period of six months from the date of receipt of a copy of this order; iii. The Commercial Court is at liberty to impose exemplary cost on either parties for unnecessary adjournments; iv. Both parties shall cooperate in the expeditious disposal of the suit; v. It is made clear that this Court has not expressed any opinion on merits of the matter. SD/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 2