IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.32676 OF 2018 (GM-CPC) BETWEEN:
S.Narayana Rao S/o. late Shankarappa, Aged about 49 years, R/o. Bommavara Village, Uganavadi Post, Kasaba Hobli, Devanahalli Taluk, Bengaluru Rural District – 562 110 (By Sri K.Sreedhar, Advocate) AND:
1. Sri Chikkanna S/o. late Doddamuniyappa, Aged about 63 years, R/at Haraluru Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District – 562 110 2. Sri Muniyappa S/o. late Mallappa, Aged about 58 years, R/at Haraluru Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District – 562 110 3. Sri Munithimmaiah S/o. late Munithimmaiah, Aged about 68 years, R/at Haraluru Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District – 562 110 … Petitioner 4. Sri Munivenkatappa S/o. late Thimmanna, Aged about 66 years, R/at Haraluru Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District – 562 110 5. The Karnataka Industrial Area Development Board (KIADB), Khanija Bhavana, Race Course Road, Bengaluru – 560 001 Represented by its Executive Director (By Sri M.Sonnegowda, Advocate for R1 to R3; Sri Harsha P.Banad, Advocate for R5;
V/o. dt:05.04.2019, WP abated against R4) … Respondents This Writ Petition is filed under Article 227 of the Constitution of India praying to set aside the order dated 23.07.2018 vide Annexure-D in O.S.No.563/2015 passed by learned Senior Civil Judge & JMFC, Devanahalli, vide Annexure – D as the same is illegal, arbitrary and unsustainable and etc., This writ petition coming on for Orders this day, the court made the following:
ORDER The petitioner being defendants in O.S.No.563/2015 invoking the writ jurisdiction of this Court seeking invalidation of the Order dated 23.07.2018, a copy whereof at Annexure – D, and which reads as under:
“Heard Advocate for D-1 to 3 perused the plaint and documents. Except R.T.C extract the plaintiff not produced the regrant order as claimed in plaint para No.5.
Hence, plaintiff is directed to produce the same within 7 days so as to enable this Court to disposal of plaintiffs claim. Failing which, suit stands dismissed without further orders for no compliance of Court order. For compliance call on 03.08.2018.
Sd/- 23.07.2018.”
2. After service of notice, the respondents having entered appearance through their Counsel fairly submit that the impugned order be set at naught with a direction to the trial Court to consider I.A.No.5 in accordance with law expeditiously.
Ordered accordingly, all contentions having been kept open.
Sd/- JUDGE KTY