High CourtsSingle Bench(2024) 10 KAR CK 0023

M/S Bangalore Christian Council A Proprietorship Firm vs M/S Kamadhenu Developers And Builders A Proprietary Concern

Karnataka High Court · Decided on 16 October 2024

HON’BLE JUDGES
Krishna S Dixit, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 24532 Of 2024 (GM-CPC)

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Judgment

9 paragraphs · 212 words

Krishna S Dixit, J

1.

The innocuous prayer in the petition for a direction to try & dispose off Execution Petition No.127/2022 pending on the file of Principal District Judge, Kolar, wherein the arbitral award has been put in enforcement.

2.

Regard being had to innocuousness of the prayer, notice to other side is dispensed with.

3.

Right to speedy justice being recognized as a facet fundamental right by the Apex Court in a catena of decisions, courts have to make reasonable endeavors to hear & dispose off any cause brought before them and more particularly execution proceedings as has been held by the Apex Court in RAHUL S. SHAH VS. JINENDRA KUMAR GANDHI AND OTHERS. AIR 2021 SC 2161

In the above circumstances, the Court below is requested to try & dispose off the subject Execution Case preferably within an outer limit of nine months.

If any interim relief is required, it is open to the Petitioner to make an appropriate application to the Court below and if made, the same shall be heard & disposed off expeditiously.

Ordered accordingly and writ petition is disposed off.

All contentions of the parties are kept open.

Registry is directed to send a copy of this judgement to the Respondents by Speed Post immediately.