IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.1431/2019 (GM-KSR) BETWEEN:
1. K.C. PARAMESH S/O CHIKKANNA AGED ABOUT 56 YEARS R/AT KANKERE VILLAGE HANDANAKERE HOBLI CHIKKANAYAKANAHALLI TALUK TUMAKURU DISTRICT-572 119 2. H.B. RAJASHKARAIAH S/O LATE BASAVEGOWDA AGED ABOUT 53 YEARS R/AT HALLI THIMLAPURA HANDANAKERE HOBLI CHIKKANAYAKANAHALLI TALUK TUMAKURU DISTRICT-572 119 ... APPELLANTS (BY SHRI. K. SHASHIKIRAN SHETTY, SR. COUNSEL FOR SMT. FARAH FATHIMA, ADVOCATE) AND:
1. GRAMANTHARA VIDYA PEETHA HANDANAKERE CHIKKANAYAKANAHALLI TALUK REPRESENTED BY ITS SECRETARY K.S. THAMMAIAH S/O SIDDARAMEGOWDA AGED ABOUT 75 YEARS R/AT KANKERE VILLAGE KENGALAPURA POST HANDANAKERE HOBLI CHIKKANAYAKANAHALLI TALUK TUMAKURU DISTRICT-572 119 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S. BUILDING, BENGALURU-560 001 3. THE DISTRICT REGISTRAR REGISTRAR OF SOCIETIES MINI VIDHANA SOUDHA TUMAKURU DISTRICT TUMAKURU-572 101 ... RESPONDENTS (BY SHRI. H.S. PRASHANTH, AGA FOR R2 & R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) ALLOW THE ABOVE WRIT APPEAL AND SET ASIDE THE ORDER DATED 04/04/2019 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.826/2019 b)ALLOW THE ABOVE WRIT APPEAL AND SET ASIDE THE ORDER DATED 04/04/2019 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.826/2019 BY ALLOWING THE APPLICATION IA NO.3/2019 SEEKING MODIFICATION OF ORDER DATED 14/01/2019 IN WP NO.826/2019 AS PRAYED FOR.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned Counsel appearing for the appellants who are third and fourth respondents in the writ petition filed by the first respondent. By the impugned order dated 4th April 2019, application made by the present appellants for modification of the interim order dated 14th January 2019 has been rejected by the learned Single Judge. The impugned order itself records that writ petition in which interim order dated 14th January 2019 was passed is pending for preliminary hearing and it is ordered to be listed in ‘B’ group after summer vacation.
2. The learned Counsel appearing for the appellants submits that interim order dated 14th January 2019 will come to an end on 13th July 2019 and if any application is made by the first respondent for extension of said order, the appellants be ordered to be heard.
3. It is obvious that if the first respondent applies for the extension of interim relief after earlier interim relief expires, the appellants being parties to the writ petition, are bound to be heard by the learned Single Judge before considering the prayer for extension.
4. We see no error in the impugned order by which the learned Single Judge declined to modify the interim order dated 14th January 2019 in a petition which is pending for preliminary hearing. Subject to the observations made above, the appeal is dismissed.
5. Pending applications do not survive for consideration and they are also disposed of.
Sd/- CHIEF JUSTICE Yn.
Sd/- JUDGE