IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.34895 OF 2014 (GM-CPC) BETWEEN:
MR. H.C.RAMESH, S/O. LATE H.C.CHANNAPPA, AGED ABOUT 50 YEARS, NO.67/1, WEST OF CHORD ROAD, MAHALAKSHMI PURAM, BENGALURU-560086.
… PETITIONER (BY SRI. RAJAGOPAL NAIDU, ADVOCATE-ABSENT) AND:
MRS. YELLAMMA, W/O. JANARDHAN, AGED ABOUT 48 YEARS, RESIDING AT CHIKKABIDIREKALLU VILLAGE, NAGASANDRA POST, DASANURA HOBLI, BENGALURU NORTH TALUK-560073.
… RESPONDENT (BY SRI. K.RAMESH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER AT ANNEXURE-A PASSED BY THE 1ST APPELLATE COURT, I.E., THE CIVIL JUDGE SR.DN. & JMFC., NELAMANGALA, BENGALURU RURAL DISTRICT IN MA NO.21/14 SETTING ASIDE THE ORDER DATED 15.7.2014 OF THE TRIAL COURT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner even when the matter is taken up in the second round. Perused the records.
2. In this petition under Article 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 15.07.2014 passed by the Appellate Court by which appeal preferred by the respondent under Order XLIII Rule 1(r) CPC has been allowed and the petitioner herein has been restrained from demolishing the suit property.
3. Writ Petition is pending before this Court since 2014, in which no interim order has been passed. A civil suit was instituted in the year 2012. Therefore, at this point of time, instead of examining the validity of the order of injunction granted by the Appellate Court which is operating against the petitioner for the past more than five years, I deem it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the proceedings in the suit as expeditiously as possible, preferably within a period of four months from the date of receipt of a certified copy of the order passed today, if not already disposed of.
Accordingly, writ petition is disposed of.
Sd/- JUDGE PKS