IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.49181 OF 2017 (GM-CPC) BETWEEN:
1. SHRI. K.S.YATHIRAJ, S/O K.R.SRINIVASA IYENGAR, AGED ABOUT 49 YEARS, R/AT KOPPA VILLAGE, HULIMANGALA POST, JIGANI HOBLI ANEKAL TALUK, BENGALURU DISTRICT-560 105.
2. SHRI B.S.PRASHANTH, S/O B.M.SANNA MALLAPPA, AGED ABOUT 35 YEARS, R/AT NO.123, SOUTH EXTENSION, NISARGHA LAYOUT, BANNERGHATTA POST, BENGALURU-560 083.
3. SMT. RADHA, W/O B.R.SHIVANANDA, AGED ABOUT 44 YEARS, R/AT NO.380, 1ST CROSS, SHANKARNAG ROAD, GOTTIGERE, BENGALURU-560 083.
... PETITIONERS (BY SRI. S.VISWANATH SHETTY.V, ADVOCATE) AND:
1. SHRI VALI REDDY, S/O B.CHOWDA REDDY, AGED ABOUT 70 YEARS, 2. SHRI VYKUNTAVASA REDDY @ MOTTE BABU, S/O VALI REDDY, AGED ABOUT 39 YEARS, BOTH ARE R/AT GOTTIGERE, BANNERTHATTA MAIN ROAD, BESIDES RED CLIP SCHOOL, BENGALURU-560 083.
3. SHRI M.M.PONNAPPA, S/O LATE M.B.MANDANNA, AGED ABOUT 67 YEARS, R/AT NO.7 1ST CROSS, VIDHYASAGAR LAYOUT, GOTTIGERE BANNERGHATTA ROAD, BENGALURU-560 083.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS OF THE FILE OF I ADDL DISTRICT JUDGE, BANGALORE RURAL DISTRICT, BANGALORE IN M.A.NO.38/2015 AND ALSO I ADDL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE IN O.S.NO.1663/2013; QUASH THE ORDER DTD 28.03.2015 PASSED BY THE I ADDL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE IN O.S.NO.1663/2013 VIDE ANNX-E AND ALSO ORDER DTD 06.09.2017 IN M.A.NO.38/2015 PASSED BY THE I ADDL DISTRICT JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, VIDE ANNX-G AND BE PLEASED TO ALLOW I.A.NO.I FILED BY THE PETITIONERS UNDER ORDER 39 RULE 1 AND 2 BY ALLOWING THE ABOVE W.P. AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the plaintiffs in a declaration suit in O.S.No.1663/2013 are knocking at the doors of Writ Court for assailing the order dated 28.03.2015, made by the learned I Additional Senior Civil Judge, Bangalore Rural District, whereby injunctive relief has been denied and the order dated 06.09.2017 made by the learned I Additional District Judge, Bangalore Rural District whereby their appeal in MA No.38/2015 against the said order of the learned trial Judge is negatived, affirming the denial of said relief.
2. Having heard the learned counsel for the petitioners and having perused the petition papers, this Court declines to grant indulgence in the matter since two Courts in their concurrent discretion have concurrently held against the petitioners that they are not entitled to any injunctive relief at this stage of the proceedings.
3. The Apex Court in the case of TRIMBAK GANGADHAR TELANGA vs. RAMACHANDRA GANESH BHIDE & OTHERS, AIR 1977 SC 1222 has held that ordinarily discretionary orders are not subject to deeper scrutiny at the hands of the Writ court exercising limited jurisdiction vested under Article 227 of the constitution of India save by exceptions, into which case of the petitioners does not fit.
4. Since the suit is of the year 2013, the learned trial Judge is requested to try and dispose off the same preferably within an outer limit of one year in accordance with law.
It is needless to mention that the observations made in the impugned orders or in this judgment shall not in any way influence the trial of and decision making in the suit.
Sd/- JUDGE DS