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Judgment
A.N. Venugopala Gowda, J.
Respondent 1/Plaintiff, has instituted O.S.3080/02 in City Civil Court, Bangalore against the Petitioner and Respondents 2 to 6/Defendants, for the relief of specific performance and permanent injunction. Written statement has been filed and the suit has been contested. The exparte order of temporary injunction granted on 10.5.02 was vacated by the Trial Court on 19.11.02 by directing the parties to maintain the status-quo. Issues were framed on 15.12.05. Affidavit evidence of PW-1 was filed on 19.6.07. Objections regarding Court fee having been raised on 10.8.07, an order was passed on 31.8.07 to pay the court fee on the market value. Plaintiff has paid the court fee on 17.9.07. Evidence of the Plaintiff was dosed on 3 0.9.08 on account of the unavailability of PW-1 and the suit was posted for the evidence of the Defendants. Subsequently, Plaintiff has filed certain applications. PW-1 was permitted to depose further and lead evidence, by an order dated 25.3.10. An amendment of the cause-title has taken place and direction for production of document was issued.
The grievance of the Petitioner/Defendant No. 6 in this writ petition is that the Plaintiff is not prosecuting the suit diligently and has been dragging on the matter on one or the other ground and thereby, causing harassment to the Defendants. Learned Counsel for the Petitioner submitted that, the delay in disposal of the suit has been causing undue prejudice and hardship to the Petitioner and other Defendants. Learned Counsel invited the Court''s attention to the provisions under the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005 and submitted that, the suit is not allowed to be disposed of despite the ready cooperation being extended by the Defendants and the delay is only on account of the Plaintiff not extending cooperation for trial and disposal of the suit.
Learned Counsel for the 1st Respondent/Plaintiff, on the other hand, submitted that, the Plaintiff has no objection for trial and disposal of the suit on its merit.
I have perused the writ papers.
Since no order has been passed on I.A. 12, there is no need to quash the order dated 7.9.10 as at Annexure-A.
However, keeping in view the facts and circumstances of the case and the provisions under the aforesaid Rules, the Trial Court is hereby directed to try and dispose of the suit as early as practicable. In order to facilitate the Trial Court to do so, the Plaintiff is directed to complete her side of evidence before 12.11.10. The Defendants shall adduce and complete their side of evidence before 18.12.10. The Trial Court is directed to hear the arguments and dispose of the suit as early as practicable and at any event, within two months from the date the trial of the suit is complete. Parties to appear before the Trial Court on 19.12.2010 and receive further orders. The Petitioner shall immediately place on record of the Trial Court, a copy of this order for information and compliance.
It is made clear that, if either of the parties commit default, their right to lead evidence shall stand forfeited and the Trial Court shall dispose of the suit within the time allowed.
The writ petition stands disposed of accordingly. No costs.