IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION No.43775 OF 2019 (GM-CPC) BETWEEN 1. SMT. MANJULA BAI D/O. LATE SRI. SRINIVASA RAO W/O. SRI. GAJENDRA RAO AGED ABOUT 50 YEARS RESIDING AT NO.57, WARD NO.2, VINAYAKA NAGAR, RAMANGARA TOWN RAMANAGARA TALUK & DISTRICT-562 159 2. SMT. SURYA BAI D/O. LATE SRI SRINIVASA RAO W/O. SRI. JANARDHANA RAO AGED ABOUT 48 YEARS RESIDING AT SHETTIHALLI STREET RAMANAGARA TOWN RAMANAGARA TALUK & DISTRICT-562 159 3. SMT. SUSHEELA BAI W/O. LATE SRINIVASA RAO AGED ABOUT 63 YEARS RESIDING AT NO.4477 SHETTIHALLI STREET RAMANAGARA TOWN RAMANAGARA TALUK & DISTRICT-562 159 4. SRI. SURESH RAO BAWALE S/O. LATE SRI BALOJI RAO BAWALE AGED ABOUT 50 YEARS RESIDING AT NO.4624, SHETTIHALLI STREET RAMANAGARA TOWN RAMANAGARA TALUK & DISTRICT-562 159 5. SRI. KARTHIK BAWALE S/O. SURESH RAO BAWALE AGED ABOUT 24 YEARS RESIDING AT NO.4624 SHETTIHALLI STREET RAMANAGARA TOWN RAMANAGARA TALUK & DISTRICT-562 159 6. SRI. MANOJ BAWALE S/O. SRI. SURESH RAO BAWALE AGED ABOUT 22 YEARS, RESIDING AT NO.4624, SHETTIHALLI STREET, RAMANAGARA TOWN, RAMANAGARA TALUK & DISTRICT-562 159.
... PETITIONERS (BY SRI HARISH GANAPATHY, ADVOCATE) AND 1. SRI. NARASINGH RAO S/O. LATE SRI. A. KRISHNOJI RAO AGED ABOUT 84 YEARS 2. SRI. LAXMAN RAO JAGATAP S/O. NARASINGH RAO AGED ABOUT 54 YEARS BOTH ARE RESIDING AT NO.4477, SHETTIHALLI STREET RAMANAGARA TOWN RAMANAGARA TALUK & DISTRICT-562 159 3. THE PRESIDENT RAMANGARA CITY MUNCIPALITY CORPORATION RAMANAGARA TOWN RAMANAGARA TALUK & DISTRICT-562 159 3. THE COMMISSIONER RAMANAGARA CITY MUNCIPALITY CORPORATION RAMANAGARA TOWN RAMANAGARA TALUK & DISTRICT-562 159 ... RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH V/O DATED 09.10.2019) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO DISPOSE THE INTERIM APPLICATION WHICH IS PENDING FOR DISPOSAL IN I.A.NO.1/2017 BEFORE THE SENIOR CIVIL JUDGE AND JMFC AT RAMANAGARA IN O.S.NO.382/2017, WHICH IS PRODUCED AT ANNX-'K' AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the plaintiffs in an injunctive suit in O.S.No.382/2017, are invoking the writ jurisdiction of this court for an innocuous relief namely a direction to the learned trial Judge to take up their application in I.A.No.1/2017, a copy whereof is at Annexure – K for early consideration and disposal.
2. Regard being had to innocuous nature of the prayer in the writ petition and the availability of opportunity to the other side to put forth its version in the Court below when the said application is taken up for consideration, notice to respondents is dispensed with.
3. It is settled legal position of law that when the litigant makes an interlocutory prayer, the Court should ordinarily take it for consideration at a post-haste in the absence of otherwise justification; this having not been done, the petitioners are justified in complaining before this Court about the dereliction.
In the above circumstances, this petition is disposed off, directing the learned trial Judge to take up for consideration and disposal, petitioner’s subject application within a period of three weeks, after affording on opportunity of hearing to all the stake holders.
All contentions of the parties have been kept open.
Sd/- JUDGE KTY