H. FAYAZ AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for issuance of writ of mandamus to direct the II Additional City Civil and Sessions Judge (CCH 17), Bengaluru to dispose off the claim of the petitioner in LAC 3/2011 by fixing the time limit and has also sought for directions to dispose off the impleading application filed by the petitioner under Order 1 Rule 10 (2) CPC, dtd. 11/9/2012.

(2.) In light of the admitted facts that application under Order 1 Rule 10 (2) CPC, has been filed on 11/9/2012, direction is issued to the trial court to endeavour to dispose off the said application within a period of one month from the date of production of certified copy of the order.

(3.) Insofar as request for disposal of the proceedings in LAC 3/2011, as regards claim of the petitioner with respect to the property more fully described in the schedule, it is pointed out that there are no rival claimants as regards such of the claims of the petitioner in LAC 3/2011. If that were to be so, prima-facie there appears to be no legal impediment bifurcating the claim of the petitioner herein and to adjudicate the same without waiting for final consideration of claim in LAC 3/2011. However, petitioner to make request to the trial court for bifurcation and the same may be considered in accordance with law expeditiously.