IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1066 OF 2019 (GM-CPC) Between:
Mr.Mohammad Aslam, Proprietor, M/s. Target Detective & Security Force, No.30-31, Muslim Hostel Complex, Chethana Hotel Road, P.J.Extension, Davanagere-577 004. … Petitioner (By Sri. Rajesh Shettigar, Advocate) And:
1. Secretary, Government of Karnataka, Vidhana Soudha, Ambedkar Veedhi, Health Department, Bangalore-560 001.
2. Chigateri District Hospital, Davanagere, Davanagere District-577 006, Represented by its Superintendent.
3. M/s. Poojyaya Security Services, No.22, Poojyaya Nilaya, No.108-B, Ganga Nagar, RT Nagar, Bengaluru-560 032, Represented by its GPA Holder, Mr.N.Arun Kumar.
… Respondents **** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the Principal Senior Civil Judge and CJM, Davanagere, to dispose off the I.A.No.1 for temporary injunction pending in M.A.No.23/2018 vide (Annexure-H), etc.
This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER Mr. Rajesh Shettigar, learned counsel for the petitioner.
2. Taking into account the nature of relief prayed for by the petitioner, office objection is ignored.
3. In this petition under Article 227 of the Constitution of India, the petitioner inter alia seeks a direction to the Trial Court to decide the I.A., i.e. the application for Temporary injunction expeditiously.
4. When the matter was taken up today, the learned counsel for the petitioner submitted that along with the plaint, an application, I.A.No.1, under Order XXXIX Rules 1 and 2 of the Civil Procedure Code, 1908 (herein after referred to as ‘the code’ for short) was filed on 08/08/2018. However, till today, the aforesaid application has not been decided even though the defendants in the suit have been served.
5. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction to the Trial Court to decide the application, I.A.No.1 filed by the petitioner under Order XXXIX Rules 1 and 2 of the Code, by a speaking order after affording an opportunity of hearing to the parties within a period of ten days from the date of receipt of the certified copy of the order passed today.
Accordingly, the writ petition is disposed of.
BMV* Sd/- JUDGE