IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.35941 OF 2018 (GM-CPC) BETWEEN K.V.NAIDU S/O K.C.NAIDU AGED ABOUT 48 YEARS R/AT GROOVE APARTMENTS GROUND FLOOR, 5TH MAIN ROAD R.M.V, 2ND STAGE BENGALURU-560094. … PETITIONER (BY SRI. NANJA REDDY P.N, ADVOCATE) AND 1. B.K.SRINIVASA MURTHY S/O B.M. KEMPEGOWDA AGED ABOUT 51 YEARS R/AT DODDABETTAHALLI VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU-562157.
2. SRI N.R.LAKSHMIKANTHA S/O LATE NEELI RANGAPPA AGED ABOUT 53 YEARS R/AT NO.25, 1ST MAIN, 7TH CROSS, L.D.BLOCK, GANGANAGARA, BENGALURU-560032.
3. SRI S.NARAYANASWAMY S/O SREENIVASA MURTHY AGED ABOUT 35 YEARS R/AT NO.23, CHIKKABETTAHALLI VIDYARANYAPURA POST BENGALURU-560094. … RESPONDENTS (BY SRI. G.R.VENKATESH MURTHY, ADVOCATE FOR R1, SRI. VARUN.J. PATIL, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.11.2017 PASSED IN O.S.NO.1207/2017 VIDE ANNEXURE-D ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, AS THE SAME IS ILLEGAL, ARBITRARY AND IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE OR IN THE ALTERNATIVE TO CONSIDER I.A.NO.1 FILED BY THE PETITIONERS BEFORE THE TRIAL COURT UNDER ORDER 39 RULE 1 AND 2 FOR GRANT OF TEMPORARY INJUNCTION AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After hearing the matter, this Court is of the considered opinion that a direction be issued to the learned trial judge to consider and dispose off petitioner’s application I.A.No.1/2019 filed under Order XXXVIII Rules 1 & 2 read with Section 151 of CPC within a period of eight weeks, and till then, interim order granted by this Court shall continue.
Ordered accordingly.
Since the main matter is disposed off, the pending application pales into insignificance.
Petition is disposed off, all contentions of the parties having been kept open.
Costs made easy.
Sd/- JUDGE NR/-