IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.29153 OF 2019 (GM-CPC) Between:
D.Prakash, S/o. Late Doddathammegowda, Aged about 56 years, R/at D.K.Koppalu Village, Hebbal Hobli, K.R.Nagar Taluk, Mysuru District-571 602. ... Petitioner (By Sri. Yogesh.V.Kotemath, Advocate for Sri. P.H.Virupakshaiah, Advocate) And:
1. K.G.Govindegowda, S/o.Late Govindegowda.T, Aged about 81 years, 2. Susheela, W/o. K.G.Swamygowda, Aged about 46 years.
Both are r/at D.K.Koppalu Village, Hebbal Hobli, K.R.Nagar Taluk, Mysuru District-571 602. ... Respondents (By Sri.B.S.Nagaraj, Advocate for C/R1 & 2) This Writ Petition is filed under Article 227 of the Constitution of India praying to set aside the order dated 17.06.2019 vide Annexure-G passed in M.A.No.4 on the file of Senior Civil Judge and JMFC, K.R.Nagara.
This Petition coming on for “Preliminary Hearing”, this day, the Court made the following:-
ORDER The petitioner being the plaintiff in O.S.No.53/2018 is knocking at the doors of Writ Court for assailing the order dated 17.06.2019, a copy whereof is at Annexure-G whereby, the Learned Senior Civil Judge, K.R.Nagar having allowed respondents’ M.A.No.4/2018 has set aside the order made by the Learned Trial Judge on 16.08.2018. The respondents having entered Caveat through their counsel, opposes the Writ Petition.
2. Both the learned counsel for the parties having argued the matter for some time, broadly agreed that no further construction shall be taken up by the respondent. However, it is open to the respondents to accomplish the finishing works such as plastering etc., subject to out come of the suit.
3. The learned Trial Judge is requested to try and dispose of the suit expeditiously.
No costs.
Sd/- JUDGE DS