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Judgment
Ram Mohan Reddy, J.—The Plaintiff in O.S. 89B7/03 on the file of the XVII Addl. City Civil Judge, Bangalore, has presented this petition for a mandamus directing the trial Court to dispose of the suit at the earliest, but not later than 6 months.
It is the allegation of the Petitioner, as aired by the learned Counsel, that the Respondent a practicing advocate has engaged another advocate who has taken 67 adjournments to cross-examine PW-1 and in the meanwhile has been filing applications after application to protract the proceedings and hence the need to direct the court, below to dispose of the suit as expeditiously as possible and to direct that PW-1 be cross-examined on the next date of hearing.
It may be that the Defendant has taken adjournments on 67 occasions in the past, but then the proceedings on all occasions have been adjourned and there is no question of review of those orders at this stage. If the Petitioner ensures the presence of PW-1 for cross-examination and the witness is not cross-examined, may seek an order to have the witness discharged and continue the proceedings, which I have no reason to believe, would not be considered by the court below. Hence the directions sought for, are impermissible.
Petition is accordingly rejected.