IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.57254/2018 & 2985/2019 (GM-CPC) BETWEEN:
RAVINDRA H. J., S/O JAYARAMU, AGED 36 YEARS, KASTURI NIVAS, ABBAKKA NAGAR, II CROSS, III MAIN, KOTTARA MANGALORE-576 006.
... PETITIONER (BY SRI SHARATH S GOWDA, ADVOCATE) AND:
1. MR. P. K. RAGHU, S/O LATE KARUNAKARAN, AGED 64 YEARS R/AT 1-11/3, BANGRA KULOOR, MANGALORE, PIN-576 006.
2. MR. UMESH SHETTY, S/O DEJA SHETTY, AGED 52 YEARS, RESIDING AT DURGAMBA NIVAS BANGRA KULOOR, MANGALORE, PIN-576 006.
3. POLICE SUB INSPECTOR, KAVOOR POLICE STATION, MANGALORE, PIN-576 006.
... RESPONDENTS (BY SRI S CHANDRASHEKARAIAH, HCGP FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT OF PRINCIPAL CIVIL JUDGE & JMFC, AT MANGALORE, TO PASS ORDERS ON I.A.NO.1 IN O.S.NO.164/2018 AS PER THE MANDATE UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CPC;
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Sharath S. Gowda, learned Counsel for the petitioner-defendant submits that exparte injunction has been granted by the trial Court and he had filed his objections to the application but till today, the learned Sessions Judge has not considered the same. Therefore, he has filed the present writ petitions for a writ of mandamus directing the trial Court to dispose of the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure mainly on the ground that the exparte injunction is granted by the trial Court without issuing summons to the other side and that the application has to be decided within the time stipulated under Order XXXIX Rule 3A of the Code of Civil Procedure.
2. The contentions urged in the writ petitions is not a ground for issue of writ of mandamus directing the trial Court to dispose of the application for temporary injunction in exercise of writ jurisdiction under Article 227 of the Constitution and it is for the trial Court to exercise its power under Order XXXIX Rule 3A of the Code of Civil Procedure and pass appropriate orders within the time stipulated.
Accordingly, writ petitions are dismissed.
Sd/- Judge Nsu/-