KAVERAMMA Vs. THARAKIRAN

JUDGEMENT

(1.) The petitioner filed a suit in O.S No.14/2012 for partition and separate possession against the respondents. It is contended that since from last ten years, the said case was not concluded by the trial Court. Hence, seeks for a direction to the trial Court for early disposal.

(2.) Heard the learned counsel for the petitioner and perused the records.

(3.) The petitioner has filed a suit for partition and separate possession. The defendants have filed written statement. The trial Court has framed the issues. Now the case is posted for further evidence of plaintiff. In the present situation, the Courts are functioning with minimum staff and further the trial Courts are overburdened with a pendency of cases. If writ of Mandamus is issued to consider the new cases, it may cause inconvenience to the trial Court in disposal of old matters. Time and again, writ of mandamus is sought before this Court to exercise the power under Article 227 of Constitution of India, which is erroneous. The Hon'ble Division Bench of this Court in the case of Writ Appeal No.1261 of 2018 between Sri. N. Harish Vs. State of Karnataka, declined to grant relief of similar.