IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR W.P. NO. 5889/2017 & W.P.NOS.15083-15085/2017 (GM-CPC) BETWEEN:
N.C. RAJU S/O LATE A CHENNAIAH AGED ABOUT 52 YEARS R/A NO.827, II CROSS IX MAIN, K N EXTENSION, TRIVENI ROAD YESWANTPUR BANGALORE-560022.
(BY SRI. LEELADHAR H P, ADVOCATE) AND:
1. SRI. R. MADHU S/O M RAME GOWDA MAJOR IN AGE R/A NO.960, 9TH CROSS HMT LAYOUT, MATHIKERE BANGALORE-560054 & ALSO AT NO.449/199(449) KHAT NO.19 PID NO.7-46-19 SITUATED AT 5TH MAIN ROAD TRIVENI ROAD, GOKUL IST STAGE 4TH PHASE, BANGALORE-560054.
2. SHRIRAM HOUSING FINANCE LTD., (A COMPANY REGD. UNDER ... PETITIONER COMPANIES ACT) HEAD OFFICE LEVEL III EAST WING WOLKHART TOWER C-2, G BLOCK BANDRA KURLA COMPLEX MUMBAI-400051 REP. BY ITS MANAGER.
3. THE DEPUTY VICE PRESIDENT STATE HEAD-KARNATAKA SHRIRAM HOUSING FINANCE LTD NO.63, II FLOOR 19TH MAIN, II BLOCK RAJAJINAGAR BANGALORE-560010 ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE LIX ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE (CCH-NO.60), IN WHICH PENDING SUIT O.S.NO.5828/2016 TO DISPOSE OFF THE I.AS. 1-4 FILED IN THE ABOVE SUIT AS EXPEDITIOUSLY AS POSSIBLY VIDE ANNX-A.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is the plaintiff in O.S.No.5828/2016. On account of interlocutory applications filed by plaintiff having not been disposed of by trial Court namely, LIX Addl. City Civil & Sessions Judge, Bangalore (CCH No.60) petitioner is before the Court seeking for a direction to the said Court to dispose of I.A.Nos.1 to 4 filed in the said suit.
2. Perusal of order sheet at Annexure-A would disclose that though counsel for defendant Nos.2 and 3 filed a memo insisting the trial Court to take-up I.A.No.3 before considering other applications and same being heard, trial Court has held that all interlocutory applications namely, I.A.Nos.1 to 4 is to be heard. For the said purpose matter has been adjourned to 22.02.2017.
thereafter interlocutory applications have not been disposed of by trial Court. It is needless to state that trial Court will take note of The Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005, and dispose of the interlocutory applications as indicated in the said Rules and necessarily after affording opportunity of addressing arguments to the learned counsel appearing for the parties.
With this observation, writ petitions stands disposed of.
SD/- JUDGE DR