IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.15672 OF 2018 (GM-CPC) BETWEEN MOHAMMED AYUB, S/O ABDUL RAHIM, AGED ABOUT 55 YEARS, RESIDENT OF BANTENAHALLI GRAMA, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT, BELUR-573121. … PETITIONER (BY SRI KRISHNA MURTHY N, ADVOCATE) AND BUDEB SAB, S/O JAMAL, MAJOR, EDHGA BEEDHI, AREHALLI GRAMA & HOBLI, BELUR TALUK, HASSAN DISTRICT, BELUR-573101. … RESPONDENT (BY SRI P G YATNAL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE SR. CIVIL JUDGE AND JMFC AT BELUR, IN M.A.NO.3/2017 DATED 25.4.2017 VIDE ANNEX- A AND ALSO QUASH THE ORDER PASSED BY THE CIVIL JUDGE (JR. DN.,) AND JMFC, BELUR IN O.S.116/2016 DATED 17.12.2016 VIDE ANNEX-C AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in an injunctive suit in O.S.No.116/2016, is complaining before the writ court against the denial of injunctive relief by both the courts below vide impugned orders dated 25.04.2017 and 17.12.2016, copies whereof are respectively at Annexures – A to C. After service of notice, the respondent-defendant having entered appearance resists the Writ Petition.
2. Having heard the learned counsel for the parties and having perused the Petition Papers, this court is of the considered opinion that some reprieve needs to be granted to the petitioner; the court below shall appoint the Taluka Surveyor as the Commissioner for surveying the subject lands and ascertaining the boundaries thereof so that the report of the Surveyor shall become a part of evidence on record, subject to say of the parties.
3. The learned trial Judge shall take the steps accordingly and accomplish the task within a period of two months and till this is done, the trial shall not be resumed.
4. The learned trial Judge regardless of the observations in the impugned orders shall pass a fresh order taking into account the report of the Taluka Surveyor.
Accordingly, Writ Petition is disposed off, all contentions of the parties having been kept open.
No costs.
Sd/- JUDGE cbc