IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA W.P.No.16326/2019 (GM-CPC) BETWEEN:
1. Dr. Syed Mohammed Anees, S/o Sri Syed Abubaker, Age about 48 years. Represented by his Power of Attorney Holder Sri Syed Abubekar Aged about 78 years S/o. Late Syed Meera Saheb Resident of No.155, 20th Main Road II Phase, J.P. Nagar Bangalore – 560 008.
2. M/s. Premium Constructions Pvt. Ltd., Having its Office at No.4, Royal Park 34, Park Road, Tuskar Town, Shivajinagar Bangalore – 560 051.
Represented by its Director Mr. Bij Mohan Arora S/o. Rattan Chand Arora 3. Sri K.N. Rao Aged about 74 years S/o. Late K.V. Rao Director M/s. Premium Constructions Pvt. Ltd., 34, Park Road, Tuskar Town, Shivajinagar Bangalore – 560 051. ... Petitioners (By Sri Suman, Advocate) AND:
Sri Chandru G Major in age No.5, 5th Main Road Hanumanthapura Bangalore – 560 021. ... Respondent This Writ Petition is filed under Article 227 of Constitution of India praying to direct the Court of the Hon’ble XL Additional City Civil Judge, Bangalore (CCH-41) to forthwith hear and dispose of I.A.No.5/2018 in O.S.No.8316/2014 filed by the petitioners on 20.04.2018 itself i.e., the date fixed for hearing and to pass appropriate orders in this regard on I.A.No.5/2018.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:
O R D E R The plaintiffs filed the present writ petition for writ of mandamus to direct the court of XL Additional City Civil Judge, Bengaluru (CCH-41) forthwith to hear and dispose of I.A.No.5/2018 in O.S.No.8316/2014 filed by the petitioners on 20.04.2019 itself i.e., date fixed for hearing and to pass appropriate orders.
2. It is the case of the petitioners that the petitioners filed suit for declaration and injunction, the trial Court by an order dated 19.02.2015 partly allowed the I.A.No.III filed under Order XXXIX Rules 1 and 2 read with Section 151 of Code of Civil Procedure by the plaintiffs and directed both the plaintiffs and defendant Nos.1 to 11 to maintain status quo in respect of the suit schedule property till further orders. On 12.12.2018, the petitioners filed application under Section 151 of CPC to issue direction to the Station House Officer, Amrutahalli, Police Station, Amrutahalli, Bengaluru forthwith to take suitable action for enforcing or implementing the order of status quo dated 19.02.2015 passed by trial Court. The respondents filed objections to I.A.No.5/2018 on 06.02.2018. In spite of repeated adjournments the trial Court did not proceed to consider the said I.A. Therefore, the present writ petition is filed.
3. It is needless to observe that whatever objections is filed to the said application, it is the duty of the trail Court to consider the said I.A. and pass appropriate orders in accordance with law.
4. In view of the above, no writ of mandamus can be issued by this Court.
Accordingly, this writ petition is disposed of.
KPS Sd/- JUDGE