IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.32147 OF 2019 (GM-CPC) BETWEEN 1. SHRI. BALAJI K, S/O LATE N M KRISHNA RAO, AGED ABOUT 54 YEARS, 2. SMT. INDIRA K, W/O LATE N M KRISHNA RAO, AGED ABOUT 81 YEARS, BOTH RESIDING AT NO.1055, ‘MADHAVA KRUPA’, 27TH MAIN ROAD, JAYANAGAR 9TH BLOCK, BENGALURU – 560069. … PETITIONERS (BY SRI SACHIN FOR SRI PRASANNA KUMAR P, ADVOCATE) AND SHRI. RAMESH K N, S/O K NAGARAJ, AGED ABOUT 50 YEARS, RESIDING AT NO 1056, 27TH MAIN ROAD, JAYANAGAR 9TH BLOCK, BENGALURU – 560069. … RESPONDENT (BY SRI H S DWARAKANATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD:30.7.2019 PASSED BY THE LEARNED V ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-VI) BENGALURU I.A.NO.1/2019 IN O.S.NO.5574/2019 AND CONSEQUENTLY DIRECT THE RESPONDENT, HIS AGENTS, HENCHMEN, SERVANT OR ANY OTHER PERSON CLAIMING UNDER OR THROUGH HIM FROM PUTTING UP ANY CONSTRUCTION OR OBSTRUCTION IN THE SET BACK AREA OF THE SOUTHERN SIDE OF SCHEDULE ‘B’ PROPERTY [PRODUCED VIDE ANNEXURE-C] TO THE W.P. AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the plaintiffs in an injunctive suit in O.S.No.5574/2019, is invoking the writ jurisdiction of this court for assailing the order dated 30.07.2019, whereby the application filed by him in I.A.No.1/2019 stands deferred unconsidered till next date of hearing.
2. After service of notice, the respondent/defendant having entered appearance through his counsel, resists the Writ Petition.
3. Both the counsel for the parties having argued the matter for some time, now are seeking a direction for the expeditious disposal of the subject application in a time bound manner.
4. It is a settled position of law that when urgent interim relief is sought for, the courts ordinarily should treat the said request, expeditiously. This arguably having not been done, the petitioners are knocking at the doors of the writ court and that they have every justification for the same.
In the above circumstances, the learned trial Judge is requested to hear and dispose off the subject application within a period of 10 days; the status quo order granted earlier shall continue till then.
It is needless to mention that limited interim relief granted by this court is only to facilitate the early disposal of the subject application and therefore, the same will not in any way influence the decision making on the said application.
All contentions of the parties are kept open.
Sd/- JUDGE cbc