IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 51820 OF 2019 (GM-CPC) BETWEEN:
SMT. LAKSHMI NARASAMMA W/O LATE L KRISHNAMURTHY AGED ABOUT 65 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMED NO 15, NEAR S J E S COLLEGE VIRGONANGAR POST, MEDAHALLI VILLAGE, BENGALURU – 560049.
NOW RESIDING AT NO 354/1 S R K NAGR POST, NEAR S V N BRANCH SCHOOL, THANISANDRA, BENGALURU – 560077.
… PETITIONER (BY SRI. S SREEVATSA, SENIOR COUNSEL A/W SRI. SKANDA R V RAO, ADVOCATE) AND:
SRI. M. SRINIVAS S/O LATE B R MUNIYAPPA, AGED ABOUT 74 YEARS, NO 25, SRI VINAYAKA LAYOUT, NEAR DEEPA HOSPITAL, K R PURAM EXTENSION, K R PURAM, BENGALURU – 560036.
(NOTE: DEFENDANT NO.1,3 TO6 HAVE NOT BEEN ARRAYED AS RESPONDENTS IN THIS PRESENT WRIT PETITION AS NO RELIEF IS SOUGHT AGAINST THEM) … RESPONDENT (NOTICE TO RESPONDENT IS D/W V.C.O DATED 13.12.2019) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.11.2019 PASSED ON I.A.NO.5 IN O.S.1541/2014 ON THE FILE OF THE 1ST ADDL. SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, AT BANGALORE VIDE ANNX-B AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The short grievance of the petitioner is against non- consideration of his application filed under Order XXXIX Rules 1 & 2 of CPC, 1908, seeking injunctive relief against the respondent herein. The said application having not been considered expeditiously despite request for advancement of the case, he has presented this writ petition.
2. Regard being had to innocuous nature of the prayer in the writ petition and also that the respondent herein shall have an opportunity of opposing the subject application when taken up for consideration, notice to him is dispensed with.
3. It is a settled principle of law that any interlocutory application for grant of interim protection ordinarily needs to be considered expeditiously unless there are militating circumstances there-against. That being the position, reprieve needs to be granted to the petitioner.
In the above circumstances, this writ petition is disposed off directing the learned trial judge to hear & dispose off the petitioner’s subject application within one week, i.e., on or before 21.12.2019 in accordance with law and, after hearing the other stake holder.
All contentions of the parties are kept open.
Registrar (J) shall inform the learned Trial Judge the mandate of this judgment, telephonically, forthwith.
Sd/- JUDGE Bsv