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.11368 OF 2019 (GM-CPC) BETWEEN:
RAMU S/O PAPANNA AGED ABOUT 55 YEARS, R/AT, JANATHA COLONY, NAGASAMUDRA ROAD, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 116.
... PETITIONER (BY SRI.PRADEEP K.C, ADVOCATE) AND:
SRI. C.N.RAMESH S/O NANJAPPA MAJOR R/AT, KOTTANAGATTA VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TOWN, HASSAN DISTRICT – 573 135.
... RESPONDENT (BY SRI.PRANEETH G.N, ADVOCATE FOR SRI.VIGNESHWARA S.SHASTRI, ADV0CATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.09.2017 ON I.A.NO.1 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, CHANNARAYAPATNA IN O.S.NO.85/2017 VIDE ANNEXURE-J AND CONSEQUENTLY ALLOW THE APPLICATION ON I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in an injunctive suit in O.S.No.85/2017 and the appellant in MA No.13/2017 is knocking at the doors of writ Court for assailing the order dated 21.09.2017 made by the Principle Civil Judge, Channarayapatna and also the order dated 28.09.2018 made by the learned Senior Civil Judge, Channarayapatna whereby, injunctive relief has been denied to him. After service of notice the respondent having entered appearance through his counsel opposes the Writ Petition.
2. Having heard the learned counsel for the parties and having perused the Petition papers, this Court grants reprieve to the petitioner inasmuch as he has now produced before this Court a copy of the resolution dated 16.02.1982 at Annexure-A wherein his name appears in Sl.No.37 as being the beneficiary of the grant of subject property. This order was not before the Courts below when the lis was being treated.
In the above circumstances, this Writ Petition succeeds in part; the impugned orders are set at naught; petitioner is permitted to produce the resolution dated 16.02.1982 before the learned trial Judge who shall re-consider the subject application filed u/o XXXIX Rules 1 & 2 of CPC afresh after hearing the other side in accordance with law.
All contentions of the parties including the one as to authenticity of the resolution in question are kept open.
No costs.
Sd/- JUDGE DS