IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH , 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.13117-13118 OF 2019(GM-CPC) BETWEEN:
1. RAVI POOJARY, AGED ABOUT 50 YEARS, S/O. DHAMU POOJARY, R/O. OPP: VIKAS COLLEGE, MARY HILL KONCHADY, MANGALORE 575 008 2. MR. MURALIDHAR AGED ABOUT 37 YEARS, S/O. CHENNAPPA, R/O. PADAVINANGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008.
3. MR. SADASHIVA AGED ABOUT 32 YEARS, S/O. LINGAPPA POOJARY, R/O. PADAVINANGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008 4. MR. ASHOK P L AGED ABOUT 50 YEARS, S/O. LINGAPPA POOJARY, R/O. PADAVINANGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008.
5. MRS. SUMATHI AGED ABOUT 55 YEARS, W/O., SRI. JAGADEESH, R/O. PADAVINANGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008 6. MR. KESHAVA MARLA AGED ABOUT 60 YEARS, S/O. LATE. RAGHUNATH MARLA, R/O. PADAVINAGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008 7. MR. GOPAL AGED ABOUT 32 YEARS, S/O. BHUJANGA POOJARY, R/O. PADAVINAGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008 8. SMT. SEETHA AGED ABOUT 65 YEARS, W/O. CHINNAPPA, R/O. PADAVINAGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008.
9. SRI. SARVAJANIKA KORAGAJJA SEVA SAMITHI (R) A REGISTERED SOCIETY, REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT, HAVING ITS OFFICE AT PADAVINANGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575008.
REP BY ITS PRESIDENT, THE 2ND PETITIONER ... PETITIONERS (BY SRI JEEVAN K., ADVOCATE) AND:
1. MR. GANESH S S/O. SUBRAMANYA, AGED ABOUT 41 YEARS, R/AT NO. 2-93/8, VIDYANATH NAGAR, PACHANADY,BONDEL, MANGALORE 575 008 2. MR. SANJEEVA AGED ABOUT 39 YEARS, DOOR NO. 1-39, PADAVINAGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008 3. MRS. JAYALAKSHMI AGED ABOUT 46 YEARS, W/O. JANARDHAN, R/AT 1-5, GURUDHAMA, PADAVINANGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008 4. MR. MANOHARA AGED ABOUT 35 YEARS, S/O. MONAPPA KULAL, R./AT NO. DOOR NO.2-109/9(1), JAYALAXMI NILAYA, VALMIKI LAYOUT, GUNUNAGARA, PADAVU, MANGALORE 575005.
5. MR. DHARMARAJ, AGED ABOUT 36 YEARS, S/O VEERAPPA POOJARY, R/O. PADAVINANGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008 6. MR. CHARANRAJ AGED ABOUT 34 YEARS, S/O. ASHOK R/O. PADAVINANGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008 7. MR. DAMODHAR SHETTY AGED ABOUT 52 YEARS, S/O. SANJEEVA SHETTY, R/O. PADAVINANGADY, DEVI NAGARA,BONDEL POST, MANGALORE 575 008 8. MR. JAGADISH JOGI AGED ABOUT 49 YEARS, S/O. MEENAKSHI JOGI R/O. PADAVINANGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008 9. MR. PRAVEEN AGED ABOUT 36 YEARS, S/O. GANAPA DEVADIGA, R/O. PADAVINANGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008 10. MR. RAYAN AGED ABOUT 36 YEARS, S/O. ELIZA D’SOUZA, R/O. PADAVINANGADY, DEVI NAGARA, BONDEL POST, MANGALORE 575 008.
... RESPONDENTS **** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 12.03.2019 AT ANENXURE- 'G' ON THE FILE OF III ADDITIONAL CIVIL JUDGE, MANGALURU IN O.S.NO.1406/2018 ONLY TO THE EXTENT OF PASSING OF ORDERS ON I.A.IV & XIV ON 28.03.2019 AND DIRECTION MAY BE ISSUED TO CONSIDER THE I.A NO.14 FIRST AND THEN TO PROCEED WITH THE OTHER INTERLOCUTORY APPLICATIONS FILED BY PARTIES IN ACCORDANCE WITH LAW.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The defendants filed the present writ petitions, very strangely, sought to quash the order dated 12.3.2019 in O.S. No.1406/2018 posting the matter for orders on I.A. Nos.4 and 14 to 28.3.2019.
2. The respondent Nos.1 to 4 – plaintiffs filed the suit for the relief of Permanent Injunction and for appointment of the Court receiver/administrator to manage the affairs of the 15th defendant society and for appointment of the Court Commissioner for conducting election for the Managing Committee of the 15th defendant society and also for the relief of enquiry into the accounts of the 15th defendant society from the accounting year 2011-12 until duly constituted Managing Committee takes charge. The defendants filed the written statement denying the averments made in the plaint.
3. During the pendency of the suit, the plaintiff filed I.A. No.4 for appointment of receiver and the defendants filed I.A. No.14 for rejection of the plaint. The trial Court considering the applications and the objections by the order dated 12.3.2019 posted the matter for orders on I.A. Nos.4 and 14 to 28.3.2019. Therefore the present writ petitions are filed for the reliefs sought for.
4. I have heard the learned counsel for the parties to the lis.
5. Sri Jeevan .K., learned counsel for the petitioners contended that the learned Judge by the impugned order dated 12.3.2019 after hearing the plaintiffs’ counsel on I.A. Nos.4 and 14, posted the matter for orders and the petitioners have an apprehension that the learned Judge may pass orders on I.A. Nos.4 and 14 simultaneously. Therefore he sought to set aside the order dated 12.3.2019.
6. Having heard the learned counsel for the petitioners, it is not in dispute that in a suit for Permanent Injunction and for appointment of the Court Commissioner for conducting election for the Managing Committee of the 15th defendant – society, two applications are filed – one by the plaintiff for appointment of the receiver/administrator for managing affairs of the 15th defendant society and another by the defendants for rejection of the plaint. Now, the matter is posted for orders. Before passing any orders on I.A. Nos.4 and 14, the present writ petitions are filed against the order dated 12.3.2019 posting the matter for orders to 28.3.2019. The plaintiffs have no cause of action. The writ petitions are premature. The prayer sought is misconceived. This Court cannot stall the learned Judge to hear the matter on I.As. and posting the matter for pronouncing orders on I.As. Therefore there is no merit in the writ petitions.
Accordingly, the writ petitions are dismissed.
Sd/-
JUDGE Gss/-