IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.31334/2019 (GM-CPC) BETWEEN M/S INDOSTAR CAPITAL FINANCE LIMITED, HAVING OFFICE AT NO.13, CNR CHAMBERS, 4TH FLOOR, KASTURBA ROAD, BANGALORE-560001, REPRESENTED BY ITS AUTHORIZED OFFICER, MR.SHABIR KHAN. ... PETITIONER (BY SMT.SREEDEVI K.B, ADVOCATE) AND 1. R.NANJAPPA, S/O LATE RAMASHETTY, AGED ABOUT 61 YEARS, FLAT NO.102, BALAJI ENCLAVE-3, NO.34/1, GROUND FLOOR, MLA LAYOUT, RMV 2ND STAGE, SANJAYANAGARA, 4TH BLOCK, BANGALORE-560094.
2. SMT.R.BHUVANESHWARI, W/O K. JAI SHANKAR, AGED ABOUT 45 YEARS, RESIDING AT NO.139, 6TH CROSS, 1ST MAIN ROAD, MSR NAGARA, BANGALORE-560054. ... RESPONDENTS (NOTICE TO RESEPONDENTS ARE D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING TO DISPOSE OF THE IA.NO.3 AT THE NEXT DATE OF HEARING I.E., ON 06.08.2019 OR WITHIN A FIX TIME PERIOD, WHICH IS PENDING ON THE FILES OF HON'BLE PRINCIPLE CITY CIVIL & SESSIONS JUDGE, CITY CIVIL COURT, BANGALORE IN O.S.NO.3679/2019 (ANNX-E TO THE W.P. AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner being the defendant in O.S.No.3679/2019 filed by the 2nd respondent herein for an injunctive relief, is invoking the writ jurisdiction of this court seeking a direction to the learned trial Judge to hear and dispose off its application in I.A.No.3 expeditiously. Regard being had to innocuous prayer, the notice to respondents is dispensed with.
2. Having heard the learned counsel for the petitioner and having perused the Petition Papers, this court is of the considered opinion that subject application of the petitioner needs to be taken up for consideration expeditiously.
In the above circumstances, this writ petition having been partly favoured; a direction issues to the learned Principal City Civil Judge, Bangalore, to take up for hearing petitioner’s application in I.A.No.3 and to dispose off the same, within a period of four weeks, all contentions of the parties having been kept open.
cbc Sd/- JUDGE