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2025 DAILYLAW 83494 (KAR)

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD v. M/S KEGIEN CLOTHING PVT. LTD.,

WP/43825/2019 · 2025-09-12

K Manmadha Rao

Original Suitbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36218 WP No. 43825 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.43825 OF 2019 (GM-CPC) BETWEEN: 1. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, EXECUTIVE MEMBER RASSTROTHANA BUILDING 14/3, NRUPTHUNGA ROAD BENGALURU. PRESENTLY RESIDING AT NO.49, 4TH & 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER. …PETITIONER (BY SRI. P.V. CHANDRASHEKAR, ADVOCATE) AND: 1. M/S. KEGIEN CLOTHING PVT. LTD., P.K. FARMS, 9TH MILE STONE NAGASANDRA POST BENGALURU-560 073 ITS REGISTERED OFFICE REPRESENTED BY MANAGING DIRECTOR. 2. M/S. YASH REAL ESTATE PVT. LTD., HAVING ITS REGISTERED OFFICE AT NO.12/A, 7TH CROSS ROAD, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36218 WP No. 43825 of 2019 R.D. LAYOUT, BANNERUGHATTA ROAD, BENGALURU-560 030, REPRESENTED BY ITS MANAGING DIRECTOR, MR. RAJAKUMA LADHA. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED II ADDL. CIVIL JUDGE AND JMFC, ANEKAL, TO DISPOSE OF O.S.522/2009, PENDING ON ITS FILE AT THE EARLIEST IN A TIME BOUND MANNER. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER Heard learned counsel for the petitioner. 2. This writ petition is filed to issue a writ of mandamus directing the learned Principal Civil Judge (Jr.Dn.) and J.M.F.C., Anekal to dispose of the suit in O.S.No.522/2009 pending on the file at the earliest in a time bound manner. 3. Learned counsel for the petitioner submits that the suit in O.S.No.522/2009 is filed by the plaintiff in the year 2009 and the plaintiff taking advantage of the interim order is protracting the suit by filing application one after the other and without any cause, dragging the matter. Hence, the petitioner - 3 - HC-KAR NC: 2025:KHC:36218 WP No. 43825 of 2019 being aggrieved by the delay in disposal of the suit, having no other alternative, filed this writ petition seeking for a direction to the Presiding Officer to dispose of the suit as expeditiously as possible in a time bound manner. He also submits that even after filing of the writ petition, the matter was pending for service of notice on the respondents. 4. Having heard learned counsel for the petitioner, while considering matters of these kind, no notice is required to be ordered to the respondents and no prejudice will be caused to the respondents in giving direction for speedy disposal of the suits which are pending since for a long period without ordering notice to the respondents. 5. In the present, the suit is pending since from the year 2009. Hence, this Court is inclined to direct the Presiding Officer to dispose of the pending suit as expeditiously as possible in a time bound manner. 6. In view of the above observation, the following order is passed: - 4 - HC-KAR NC: 2025:KHC:36218 WP No. 43825 of 2019 (i) The writ petition stands disposed of. (ii) The learned Principal Civil Judge (Jr.Dn.) and J.M.F.C., Anekal is directed to dispose of the suit in O.S.No.522/2009 as expeditiously as possible within a period of one year from the date of receipt of a copy of this order. (iii) The parties and their respective counsels are directed to assist the Trial Court in speedy disposal of the case within the time bound period. Sd/- (DR.K.MANMADHA RAO) JUDGE ST List No.: 1 Sl No.: 10