Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53442 WP No. 37433 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.37433 OF 2025 (GM-CPC) BETWEEN:
1.
SMT.LEELA SONEGARA W/O.LATE SHANTILAL SONEGARA AGED ABOUT 68 YEARS
2.
SMT.DEEPIKA GANDHI D/O.LATE SHANTILAL SONEGARA AGED ABOUT 49 YEARS
3.
SMT.NEETU SHAILESH JAIN D/O.LATE SHANTILAL SONEGARA AGED ABOUT 47 YEARS
4.
SMT.REETU MAHENDRA JAIN D/O.LATE SHANTILAL SONEGARA AGED ABOUT 44 YEARS
5.
SMT.KRITHI BHANDARI D/O.LATE SHANTILAL SONEGARA AGED ABOUT 43 YEARS
6.
SMT.KOMAL PALRECHA D/O.LATE SHANTILAL SONEGARA AGED ABOUT 39 YEARS
ALL ARE RESIDING AT NO. 156, 'SHEETAL' 36TH CROSS, 5TH BLOCK JAYANAGAR BENGALURU-560 041 …PETITIONERS (BY SRI N.GOWTHAM RAGHUNATH, ADVOCATE)
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53442 WP No. 37433 of 2025
AND:
SRI KANTILAL P.JAIN PROPRIETOR OF M/S.PRAVESH THE BEST S/O.SRI PHOOLCHANDJI AGED ABOUT 63 YEARS R/AT T1, 3RD FLOOR, NO.58 S.B.A.MANSION SURVEYORS STREET BASAVANAGUDI BENGALURU-560 004
CARRYING BUSINESS AT:
GROUND FLOOR SHOP BEARING BBMP NO.10 SITUATED AT DEWAN SURAPPA LANE O.T.C. ROAD CROSS CHICKPET BENGALURU-560 004 … RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE COURT OF THE SMALL CAUSES JUDGE (SCCH-5), BENGALURU, TO DISPOSE OF SC.NO.73/2022 AS EXPEDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF THREE MONTHS VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:53442 WP No. 37433 of 2025
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL ORDER Heard learned counsel for petitioners.
2. This petition is filed by the petitioners-plaintiffs seeking a direction to the Small Causes Judge (SCCH-5), Bengaluru to dispose of the matter in S.C.No.73/2022 as expeditiously as possible preferably within a period of three months.
3. This Court does not find the need or necessity to issue notice to the respondent, as no adverse orders against the respondent is passed. This Court is inclined to direct VIII Additional Judge, Court of Small Causes and ACJM, Bengaluru to dispose of the matter expeditiously.
4. The petitioners-plaintiffs files a case against the respondent-defendant seeking for a direction to the respondent-defendant to quit and deliver the vacant possession of the suit schedule premises and other reliefs.
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HC-KAR NC: 2025:KHC:53442 WP No. 37433 of 2025
5. It is the grievance of the learned counsel for petitioners-plaintiffs that the respondent-defendant is repeatedly seeking adjournments, remained absent, filing frivolous applications and refusing to cooperate with the trial Court, which clearly demonstrates that the respondent-defendant is prolonging and protracting the matter before the trial Court.
6. Aggrieved by the same, the petitioners-plaintiffs are before this Court.
7. The fact remains that the suit is of the year 2022. In view of the respondent-defendant prolonging and protracting the matter as stated hereinabove, this Court deems it appropriate, in the interest of the parties, to direct the trial Court to dispose of the suit as expeditiously as possible.
8. Accordingly, I pass the following:
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HC-KAR NC: 2025:KHC:53442 WP No. 37433 of 2025
ORDER i) This petition is allowed; ii) The VIII Additional Judge, Court of Small Causes and ACJM, Bengaluru is directed to dispose off the matter in S.C.No.73/2022 expeditiously on priority basis; iii) The trial Court is at liberty to impose costs on both parties for unnecessary adjournments; iv) It is made clear that this Court has not expressed any opinion on merits of the matter;
Ordered accordingly.
Sd/- (PRADEEP SINGH YERUR) JUDGE
LB List No.: 2 Sl No.: 8