- 1 - HC-KAR NC: 2025:KHC:29683 WP No. 22622 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22622 OF 2025 (GM-CPC) BETWEEN: 1. MRS. SALOME FRANCIS W/O LATE R FRANCIS AGED ABOUT 95 YEARS 2. MR. J.A.M SELVAM S/O LATE R. FRANCIS AGED ABOUT 67 YEARS 3. MRS. MARY JOSHPHINE SUMITHRA D/O LATE R. FRANCIS AGED ABOUT 65 YEARS ALL THE ABOVE ARE RESIDING AT MUNICIPAL NO. 2/3, SITUATED AT 'L' NO. 7TH STREET, ASHOK NAGAR, BENGALURU - 560 025. …PETITIONERS (BY SRI. SURESH S. LOKRE, SR. COUNSEL FOR SRI. SHRAVAN S. LOKRE, ADVOCATE) AND: 1. MR. PETER SANTHOSH FRANCIS, S/O LATE R. FRANCIS AGED ABOUT 51 YEARS, R/AT NO.28, 11TH MAIN Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29683 WP No. 22622 of 2025 3RD CROSS, 4TH C BLOCK KORAMANGALA, BENGALURU - 560 034. 2. MRS. MARY SABITHA D/O LATE R. FRANCIS AGED ABOUT 55 YEARS RESIDING AT MUNICIPAL NO. 2/3, SITUATED AT 'L' NO.7TH STREET, ASHOK NAGAR, BENGALURU - 560 025. 3. MRS. MARY SUGANTHI D/O LATE R. FRANCIS AGED ABOUT 53 YEARS, RA/T MUNICIPAL NO.17, SITUATED AT PUSHPAVENI LAYOUT, MARUTHI NAGAR, KAIKONDRANAHALLI, SARJAPUR ROAD, BENGALURU - 560 035. 4. MR. MARIA THOMAS SAMPATHRAJ S/O LATE R. FRANCIS AGED ABOUT 61 YEARS RESIDING IN A POTION OF NO.28, 11TH MAIN 3RD CROSS 4TH 'C' BLOCK, KORAMANAGALA, BENGALURU - 560 034. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ALLOW THE ABOVE WRIT PETITION (B) ISSUE A WRIT OF MANDAMUS DIRECTING THE HONBLE CITY CIVIL AND SESSIONS COURT, CCH-29, MAYO HALL, BENGALURU, TO RECORD THE CROSS EXAMINATION OF PW-1 IN O.S NO. 25898/2022 AND AFTER HEARING BOTH SIDES, PASS JUDGMENT ON THE DATE THAT MAY BE FIXED BY THIS HONBLE COURT AND ETC., - 3 - HC-KAR NC: 2025:KHC:29683 WP No. 22622 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court seeking for the following prayer: (a) Allow the above writ petition. (b) Issue a writ of mandamus directing the Hon'ble City Civil & Sessions Court, CCH-29, Mayo Hall, Bengaluru, to record the cross examination of PW1 in O.S.NO.25898/2022 and after hearing both sides, pass judgment on the date that may be fixed by this Hon'ble Court. © Award the costs and such other reliefs as this Hon'ble court may deem fit in the above case in the interest of justice and equity. 2. Heard Mr.Suresh S.Lokre, learned Senior counsel appearing for the petitioner. 3. The respondent No.1 / plaintiff institutes a suit in O.S.No.25898 of 2022. The defendants, the petitioners register a counter claim in the said suit. The plaint comes to be rejected and what remains is the counter claim. - 4 - HC-KAR NC: 2025:KHC:29683 WP No. 22622 of 2025 4. The petitioners are seeking expeditious disposal of the counter claim so filed by them, on the score that the defendant No.1 is 95 years, defendant No.2 is 67 years and defendant No.3 is 65 years. 5. The learned Senior Counsel submits that the matter is at the stage of cross examination of respondent No.1 and would submit that a direction be issued to conclude the proceedings. 6. For the aforesaid reasons, I deem it appropriate to dispose the petition directing the concerned court to conclude the proceedings within the outer limit of 3 months, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SS List No.: 1 Sl No.: 45 CT: BHK