IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29394 OF 2018 (GM-CPC) BETWEEN:
MR. NAGESH @ NAGARAJ S/O (LATE) MAYANNA AGED ABOUT 56 YEARS R/AT. #731, IX CROSS, X MAIN INDIRANAGAR II STAGE BENGALURU-560038.
(BY MS. NANDITA BISWAL, ADV., FOR MR. AJESH KUMAR S, ADV.,) AND:
1. MR. RAMALINGAIAH S/O (LATE) MAYANNA AGED ABOUT 58 YEARS R/AT. No.335 (OLD NO.182) I ‘C’ CROSS, SREENIDHI LAYOUT VIDYARANYAPURA BENGALURU-560097.
2. RAJU S/O LATE MAYANNA, 60 YEARS.
3. YASHODHA D/O LATE MAYANNA AGED ABOUT 46 YEARS.
4. SHAKUNTALA D/O LATE MAYANNA AGED ABOUT 46 YEARS.
2 TO 4 R/O BEGAMANGALA VILLAGE KASABA HOBLI, NAGAMANGALA TALUK.
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… PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT OR ORDER TO RETURN THE PLAINT IN O.S. 4/2012 PENDING IN THE COURT OF CIVIL JUDGE (JR.DIVISION) JMFC AT NAGAMANGALA, TO THE RESPONDENT/PLAINTIFF WITH LIBERTY TO REFILE THE PLAINT IN A COURT HAVING COMPETENT JURISDICTION AS PER ANNEX-B & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Miss Nandita Biswal, learned counsel for Sri.Ajesh Kumar S., learned counsel for the petitioner.
2. Heard on the question of admission.
3. In this petition under Article 227 of the Constitution of India, the petitioner inter alia seeks a writ of mandamus to return the plaint in O.S.No.4/2012 pending in the Court of Civil Judge (Junior Division) JMFC, Nagamangala to the respondent with a direction to the respondent to re-file the plaint before the Court of competent jurisdiction.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner be granted liberty to file an application in this regard before the Trial Court and the Trial Court be directed to decide the application which may be filed by the petitioner expeditiously in accordance with law.
5. In view of the aforesaid submission and in the facts of the case, the petitioner is disposed of with a direction that in case the petitioner files an application for return of the plaint before the Trial Court, the Trial Court, after affording an opportunity of hearing to the parties, shall decide the aforesaid application in accordance with law by a speaking order within a period of one month from the date of filing of such an application.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE RV