IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08th DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION Nos.57644/2018 & 669-671 OF 2019 (GM-CPC) BETWEEN:
Krishvi Projects Private Limited A Company incorporated under the Companies Act, 1956.
Having its Registered Office at: No.2, 1st Floor, Airport Road, Domlur, Bengaluru – 560 071. Represented by its Authorised Signatory Mr.Vivek Iyer (By Sri.Arun Kumar.K, Senior Advocate for Sri.Arjun Sarathy.V, Advocate) AND:
M.Ramaiah Son of Late Muniswamappa Aged about 37 years, Residing at Flat No.101, Padmavathy Paradise, BEML Layout, Kundalahalli, Bengaluru – 560 066.
… Petitioner … Respondent - - -
These Writ Petitions are filed under Article 227 of the Constitution of India, praying to set aside the order dated 12.12.2018 on interlocutory application Nos.2 to 5 in O.S.No.8668 of 2018 passed by the XXXIV Additional City Civil and Sessions Judge, Bengaluru in O.S.No.8668 of 2018 and etc.
These Petitions coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Heard Sri.Arun Kumar K, Senior counsel for Sri.Arjun Sarathy.V, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
2. Heard the learned counsel for the petitioner on the question of admission.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 12.12.2018 by which the trial Court has rejected the application filed by the petitioner under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908.
4. I heard the learned counsel for the petitioner at length and perused the records.
5. From the perusal of the impugned order dated 12.12.2018, it is evident that the trial Court has not assigned any reason for rejecting the application for grant of ex-parte order of temporary injunction except by stating that without appearance of the defendant and hearing on I.A.’s, no order can be passed.
6. The impugned order suffers from vice of non- application of mind and it has been passed in a cryptic and cavalier manner. The same suffers from the error as well as jurisdictional infirmity. Accordingly, it is quashed and set aside. The trial Court is directed to decide the application filed by the petitioner under Order XXXIX Rule 1 and 2 by a speaking order within a period of three days from today. It is open for the petitioner to move the trial Court by tomorrow.
Accordingly, the petitions are disposed of.
Sd/- JUDGE rs